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(영문) 인천지방법원 2021.02.17 2020고단9598
절도
Text

A defendant shall be punished by imprisonment for six 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

around 12:34 on August 26, 2020, the Defendant stolen the Defendant with one “JBLV750NT Hague” equivalent to KRW 3.60,000 in the market price managed by the victim D, which was displayed in the display stand at the 1st floor B of Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

On October 27, 2020, the Defendant: (a) around 12:03 on October 27, 2020, up to 10412, the Defendant carried out the goods worth KRW 44,130,00 in total of the market prices, such as two boon, one shopping white, two long-term cable, two sound sanddle, one sandd location, one tri-type Kim Gbl, etc., which were displayed in the display stand by using a gap in the supervision of the victim G, who is an employee of the relevant place.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

"200 Highest 9598"

1. The photograph of a victim of CCTV taken by the defendant in his/her legal statement D by cutting down the CCTV images; hereinafter referred to as "20, the top 10412");

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written G and a report on the details of damage therefrom;

1. Relevant Articles 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. Although the defendant had a record of punishment of a fine twice for the same kind of crime for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, the crime is heavier than that.

However, the defendant does not commit a second offense against the defendant.

The sentence shall be determined as ordered, taking into account the fact that the damage has been recovered, taking into account all other circumstances such as the defendant's age, environment, and circumstances after the crime, etc.

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