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(영문) 서울동부지방법원 2016.10.20 2016고단2651
절도
Text

A defendant shall be punished by imprisonment for not less than two 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

On July 8, 2016, around 02:38, the Defendant, at the “D” convenience store in the operation of the victim C located in Gwangjin-gu Seoul Special Metropolitan City, placed the gap in which the victim’s surveillance was neglected in other places in the market value of KRW 8,800,00 in a total market price of KRW 8,80,00, small boom, sabb, sab, etc. in advance, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for up to four months to up to one year and six months, the category IV (offstanding larceny) Special Mitigation Zone (overcoming April to one year and six months): Where a person under special mitigation intrudes into places other than indoor residential spaces (overcoming four categories), and no penalty surcharge is imposed;

2. Even though the Defendant was sentenced twice to suspend indictment for larceny since 2013 and twice a fine, considering the circumstances unfavorable to the Defendant, even though he was sentenced to a punishment twice a fine, the following factors are considered: (a) the Defendant agreed to commit the instant crime with the victim; (b) the Defendant recognized all the crimes in an investigative agency and a court; (c) the amount of damage is minor; (d) the circumstances favorable to the Defendant; and (e) other conditions of sentencing as shown in the trial process of the instant case, such as the Defendant’s age (21 years), character and conduct, and circumstances before and after the instant crime.

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