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(영문) 수원지방법원 성남지원 2018.06.20 2017고단3464
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2017, the Defendant: (a) around 20:33, at D stores managed by the victim C in Seongbuk-gu, Sungnam-si; (b) committed a theft of the sum of KRW 150,000,000, in total, from around July 3, 2017, with three spackers, including the sum of KRW 299,000, the market price of which was displayed in the said stores by taking advantage of a gap in the surveillance of the victims and other managers, including the victim, etc.; and (c) bank Abspacker’s total amounting to KRW 360,00,000, market price of KRW 590,000, market price of which was KRW 590,000, market price, and KRW 50,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, E, F, G, H, and I;

1. A theft prevention device (spathy), photographic photo, each CCTV image recording material, and photograph (spath three screens);

1. Each protocol of seizure and the list of seizure;

1. On-site photographs, screen pictures of CCTV images of the public parking lot in the front belt station, response to the results of fingerprint appraisal at the scene of the crime, screen pictures of the CCTV image-fashion, spathy photo, display belt photographs, and records of the Internet;

1. The application of the Acts and subordinate statutes, such as photographs (bank AWn No. n. spon A1 and earphone h5, etc.), photographs (CCTV spon screen screen, bank AWn spon spon spon spon spon spon spon spon spon spon spon spon spon spon spon spon spon spon spon spon spon spon (H5), photographs

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, [the scope of the punishment], for the general property, intrudes into places other than indoor residential space, the area of special mitigation (4 months to one year and six months) (special mitigation)], and the area of the punishment is not imposed;

2. Determination of sentence [Opinion of Prosecutor] Imprisonment with prison labor for a period of eight months [Judgment].

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