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(영문) 서울남부지방법원 2019.05.15 2018고단311
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 25, 2017, the Defendant: (a) around 19:30 on January 25, 2017, at the 2nd basement alcohol event site of Gangseo-gu Seoul Metropolitan Government Victim C Co., Ltd.; (b) at the 2nd basement; (c) at the 335,000 square meters of the market price from the store employees, the Defendant: (a) was cut off by using a sirend 700 square meters of the year 21,000 square meters of the market price; and (d) having a sirend 500 square meters of the year 21,000, with the 1st floor room of the underground floor; and (b)

2. A theft around September 2017, around 21:53, 2017, around September 30, 2017, around 201: (a) around the second floor alcohol store in Gangseo-gu Seoul Metropolitan Government D victim C Co., Ltd., and (b) around 265,000 won at the market price from its store employees, the Defendant was stolen by means of putting it into the third floor room after having a 1 disease of XR 21,000, as if it were to purchase 1 disease in the middle floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

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

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

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Act and Article 59 of the Act on Probation, etc. is the background and content of each of the crimes of this case, the degree of damage, the damage was recovered, or the victims did not agree with each of the crimes. In light of the relevant several methods, the risk of re-offending is deemed to be considerable since the crime of the same kind is not good as planned crimes, and the risk of recidivism is recognized. However, without making efforts for the recovery of damage, it is not visible to repent or reflect one's wrong acts, such as unfaithing the trial, and it is favorable or unfavorable to the defendant during the pleadings such as his age, career, health status, and family relationship.

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