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(영문) 서울중앙지방법원 2019.08.29 2019고단992
절도
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 16, 2018, at around 03:00 on August 16, 2018, the Defendant: (a) opened a string line of the victim D's NAS (E) vehicle, where the door of the vehicle parked in the parking lot adjacent to the B apartment Cdong in Seoul Special Metropolitan City, Nowon-gu, was stolen by taking a total of KRW 4,100,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph (Evidence No. 3, 8, 12, 17) and each investigation report (Evidence No. 6, 7, 9, 11, 14);

1. Application of Acts and subordinate statutes of D;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act include: (a) the Defendant appears to have committed the instant crime on a planned basis; (b) the injury was not recovered; and (c) the circumstances favorable to the disadvantage that the Defendant was unaware of and against the time of the instant crime; and (d) the Defendant did not have the ability to impose any penalty exceeding the fine; and (b) the Defendant determined the same sentence as the order within the sentencing criteria of the Sentencing Committee by taking into account all the conditions for sentencing specified in the instant argument, including the Defendant’s age, means of the instant crime

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