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(영문) 서울북부지방법원 2016.07.20 2015고단4482
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2015 Madan4482] On December 3, 2015, the Defendant: (a) around 19:53, 2015, at the front of the “E” restaurant operated by the victim D in Jung-gu Seoul Metropolitan Government, the victim’s surveillance was neglected; and (b) at the front of the “E” restaurant, the victim’s market price, which is the victim’s possession in the water tank located in the water tank located therein, shall be 20,000,000.

They go back.

Accordingly, the defendant stolen the victim's property.

[2015 J. 4556] On November 17, 2015, the Defendant stolen the victim’s property by having one nbbbane worth KRW 78,000 in total on the street displayed before the victim’s clothes store operated by the victim G in Jung-gu Seoul, Jung-gu, Seoul, and one nbbane worth KRW 78,00,00 in total. [2016 high group 1146] On March 4, 2016, the Defendant: (a) around 18:53, the Defendant displayed the clothes on the clothes in order to sell the clothing before his stores located in Jung-gu Seoul, Jung-gu, Seoul, with one hbane worth KRW 159,00 in the market value of the victim’s K management.

Summary of Evidence

1. The defendant's legal statement [2015 order 4482];

1. Written statements of D;

1. Images extracted from CCTV (2015 high group 4556);

1. G statements;

1. Related photographs (2016 Height 1146);

1. The K's statement;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs and damaged images by cutting down the flaps which a victim A steals;

1. Relevant Article 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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to nine years;

2. Crimes No. 1 in the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] 3 in the area of mitigation (one to six months) in the area of mitigation (one-month in neglect, etc.) for general property (one to six months) / [the scope of the recommended punishment] 2 in the area of mitigation (one to six months) for general property, (one to six months) in the area of mitigation (one (one to six months) for general property.

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