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(영문) 서울북부지방법원 2016.10.28 2016고단3113
절도등
Text

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

However, 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. On February 4, 2016, around 18:45 on February 4, 2016, the Defendant stolen, at “DPC bank” located in Seongbuk-gu Seoul, Seongbuk-gu Seoul, one of the victims E-owned cash of KRW 2.50,000,000, and one of the luto motos with our physical card, and stolen it.

2. On March 8, 2016, around 10:00 on March 8, 2016, the Defendant: (a) went into the “H” managed by the victim G in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) went into the front door, which was opened in mind of theft of property; and (c) went into the front and rear gate’s office; (d) went into the front and rear gate’s office; and (e) cut into the cash managed by the victim.

3. On March 20, 2016, the Defendant: (a) infringed on a structure; (b) around 11:14 March 20, 2016, the victim J in Jongno-gu Seoul, on the part of “K” managed by the victim J in Jongno-gu Seoul, Seoul; and (c) invaded into a sexual substitute office through the entrance opened in mind to steal the property; and (d) stolen the property with the cash of KRW 50,00,000, which is the victim L owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Probation Criminal Act, in the case of crimes No. 1 [Scope of Recommendation] for the reasons of sentencing in Article 62-2 of the Act on Probation, the mitigated area (8 to 1.6 months) for the general property [Special Mitigation] for the mitigation area (4 months) for the larceny] (4 months) for the mitigation area (4 months to 1.6 months) for the larceny] [4] for the general property (4 months to 1 year and 6 months) for the special mitigation area (4 months to 4) for the larceny area (4 months to 196) for the general property, and crimes that are not punishable [3] for the larceny of general property.

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