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(영문) 서울남부지방법원 2017.10.12 2017고단3854
절도
Text

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

Reasons

Punishment of the crime

1. On July 6, 2017, the Defendant: (a) at D convenience stores located in Guro-gu Seoul Metropolitan Government, around 09:00, the Defendant stolen the victim’s E by using a gap in which surveillance was neglected; (b) using the victim’s E’s display stand prior to the convenience store; (c) with a heading off a drinking water of at least KRW 800, the market price of the victim’s possession located before the convenience store.

2. On July 24, 2017, at around 12:13, the Defendant: (a) committed a theft with one cans equivalent to KRW 3,500 of the market price of the victim-owned bed in front of the convenience store, using the gaps in which surveillance is neglected by the victim E; and (b) with one cans equivalent to KRW 2,200 of the market price.

3. On July 25, 2017, at G Mart located in Guro-gu Seoul Metropolitan Government, around 10:10 on July 25, 2017, the Defendant: (a) took advantage of the gaps in which the victim H’s surveillance was neglected; and (b) took advantage of the gaps in which the victim H was placed before Mart, one mother and child at a market price equivalent to KRW 5,000.

4. On July 30, 2017, at around 02:55, the Defendant: (a) stolen the victim’s market value in the beer’s possession, which was accumulated in front of the entrance, by the J located in Guro-gu Seoul, Guro-gu, Seoul; and (b) the Defendant: (c) committed a theft with one bottle of 4,000 won at the market price of the victim’s possession, which was accumulated

5. On August 1, 2017, around 09:05, at around 09:05, the Defendant stolen a sphere water drinking water at the victim’s display room located in front of the convenience store, using the gaps in which the surveillance of the victim E was neglected.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, H and K;

1. Application of each on-site photograph, receipt, each ctv photograph, each damaged article photograph, on-site photograph, etc., details of 112 declaration, on-site visit, and Acts and subordinate statutes governing damaged articles;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: although the damaged goods are small sums, the Defendant, although the value of the damaged goods is small, seems to have anticipated minor punishment and habitually committed larceny.

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