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(영문) 의정부지방법원 고양지원 2020.01.16 2019고단3222
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From March 15, 2019 to around 02:43 of the following day, the Defendant: (a) stolen the market price of the Defendant, including approximately KRW 100,000,00 and KRW 100,000,000,000 and KRW 100,000,000,000 and KRW 10,000,000,000,000 and KRW 10,000,000,000,000

2. At around 03:20 on March 16, 2019, the Defendant, as described in paragraph (1), stolen D corporate bank physical fitness cards, as recorded in paragraph (1), was saved in the cash withdrawal machine managed by the “F” company located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, Seoul, by means of withdrawing a total of KRW 1.2 million in cash, which is the victim’s ownership.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (the counter-investigation, etc. of victims);

1. Application of Acts and subordinate statutes concerning details of transactions of cash withdrawals;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant committed a second offense despite his/her past record of punishment for the same kind of crime, and that the method of committing the crime seems to be planned is disadvantageous.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., shall be determined in full view of all the sentencing conditions under Article 51 of the Criminal Act.

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