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(영문) 수원지방법원 평택지원 2017.05.24 2017고단122
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 10, 2016, the Defendant: (a) opened a cresh in which the surveillance of the victim was neglected at the “D” room operated by the victim C (hereinafter “D”) located in Ansan-si B; (b) around 13:32 on December 10, 2016; and (c) cut off a 14k mbs equivalent to 990,000 won at the market price owned by the victim.

2. On December 17, 2016, around 13:13, 2016, the Defendant: (a) committed a theft of KRW 1,207,00 in total in the market price, one and 14k gings owned by the victim, using the same method at the places indicated in paragraph (1) above.

3. On December 20, 2016, around 13:30 on December 20, 2016, the Defendant stolen precious metals with a 1.610,00 won in total at the market price of the victim owned by the Defendant, 3.50,00 won of the market price, which was suffering from a gap in which the victim’s surveillance was neglected in other display places in the “G” operated by the victim F (hereinafter referred to as “F”), located in Ansan-si, E (hereinafter referred to as “G”), by putting one balle, and one balle, and one balle, and one balle, the market price of which is equivalent to KRW 2.80,00,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. A written statement;

1. Application of seizure records and Acts and subordinate statutes to capture CCTVs;

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 on the observation of protection and observation (within the scope of the recommended sentencing criteria);

1. Application of the sentencing criteria;

(a) [Scope of the recommended punishment] The mitigation area (one type) of larceny (one month to six months), such as abandoned water, etc., for general property;

(b) The scope of final sentence following the aggravated treatment of multiple crimes: one month to one month;

2. Determination of sentence;

(a) Unfavorable circumstances: The number of thefts reaches three times, and the total amount of damage is approximately KRW 3,80,000,000, which shall not be shorter than that of the case;

(b) favorable circumstances: No history of criminal punishment exists, victims’ penalty is not imposed, and victims’ damage to F have been fully returned;

(c)other: the age, sex, and administration of the defendant;

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