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(영문) 서울동부지방법원 2020.03.09 2019고단4198
절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 4, 2019, the Defendant: (a) around 10:50 on July 4, 2019,: (b) the victim D, who had scambling in the convenience outdoor tables located in Seongdong-gu Seoul Metropolitan Government, destroyed tobacco scambling with the carcar string card in order to smoke tobacco; and (c) the Defendant scamed off the string of the string.

2. On November 1, 2019, at around 08:20, the Defendant attempted to steal the victim’s property by taking advantage of the gaps in the surveillance of the victim G, an employee, in the “F” restaurant located in Seongdong-gu Seoul Metropolitan Government, and taking advantage of the gaps in the surveillance of the victim G, an employee, into account, bringing about two copies of the right 5,000 won from the door of the plastic bus opened to be kept to give the remaining money easily to customers, and then, attempted to steal the victim’s property by taking away the two parts of the right 5,000 won from the part of the victim’s control.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of G and D

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 44-2 of the Act on Probation, Medical Treatment Order and Custody, etc.;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] thief (Type 2] thief [the scope of recommendations and recommendations] general larceny [the scope of recommendations] / The basic area, 6 months to 1 year and 6 months [the general person] - Reduction elements: mental and physical disability, serious reflectivity [the grounds for suspension of execution] - Damage minor and serious reflectivity:

3. Determination of sentence: Four months of imprisonment with prison labor and one year of suspended sentence (in the case of minor damage or attempted damage, the part dismissing the prosecution);

1. The summary of the facts charged is around 08:20 on November 1, 2019, the Defendant, at the “F” restaurant located in Seongdong-gu Seoul, Seongdong-gu, Seoul, would be able to go to customers and would be able to control the victim G, and the Defendant would be able to bat the victim G.

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