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(영문) 의정부지방법원 고양지원 2020.04.23 2019고단3300
절도
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

around 14:35 on October 30, 2019, the Defendant, “2019 Highly 3300”, without calculating two compacts equivalent to 24,190 won at a d direct store managed by the victim C in Goyang-gu Soyang-gu, Goyang-gu, Goyangyang-gu, Seoul, without calculating two compacts equivalent to 24,190 won at other market prices.

around 14:32 October 13, 2019, the Defendant: (a) committed theft by putting 2,000 won of the market price into a bank and 32,00 won of the high class 2,00 won of the market price in the D direct store managed by the victim E in Gyeyang-gu, Soyang-gu, Soyang-gu; (b) the victim E was negligent in monitoring the victim and his employees.

Summary of Evidence

"2019 Highest 300"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Photographs of damaged articles, CCTV image materials, hereinafter referred to as "201 Highest 3721";

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to CCTV photographs in each field;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, 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 of the suspended sentence requires a corresponding punishment because the defendant has committed the larceny repeatedly. However, considering the fact that the defendant appears to be suffering from dementia, there is no record of a more severe punishment than a fine, and the value of the stolen object is not large, and some of the stolen objects are recovered, the punishment shall be determined as above.

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