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(영문) 서울중앙지방법원 2016.04.26 2016고단1006
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From November 30, 2015, the Defendant served as an employee from the main point of “E in Gwanak-gu Seoul Special Metropolitan City D” operated by the Victim C from around 20:00 to November 30, 2015.

The Defendant, at around 23:00 on the same day, taken up a wall containing KRW 800,000 in cash (amount reported by the victim), USD 100,000, UN 10,000, KRW 100,000 department store 1, resident registration certificate, one resident registration certificate, one copy of a credit card of a new bank, one credit card of a national bank, one copy of a credit card of a new bank, and one copy of Samsung Card, etc. at the bank of the victim located on the above main store.

L. A. L. theft was committed.

2. From February 1, 2016, the Defendant had been accommodated in “Hel” located in the Gwanak-gu Seoul Special Metropolitan City G operated by the Victim F for a long time.

On February 22, 2016, at around 08:00, the Defendant stolen the Defendant’s metal 10 gold strings of ten 10 divers using the cresh of the victim, and one gold string (total sale amount of KRW 3,537,00), one cash 130,000 won (amount reported by the victim), one string of the purchase price (400,000 won).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and I;

1. A written statement;

1. Application of Acts and subordinate statutes to copies of voluntary crime prevention registers;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 32(1)3, Article 25(3)3, and Article 25(4) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability for compensation is unclear and it is not reasonable to issue an order for compensation in the criminal proceedings) - Defendant committed the instant larceny crime on two occasions. Until now, the victims did not reach an agreement and did not take any measures to recover damage.

The defendant shall have this effect.

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