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(영문) 서울중앙지방법원 2020.10.13 2020고단5979
절도
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

On May 29, 2020, the Defendant: (a) from around 13:41 on the same day to around 13:48, the same day, between 13:48, the victim E, displayed for sale within the victim’s 5’D store located in Gangnam-gu Seoul, Seoul, by means of putting them in the victim’s bank the sum of market price of KRW 1,160,000, such as the victim’s 5’s head office D, which is equivalent to KRW 59,000, the market price of which is equivalent to KRW 259,000, the 1,000, the 219,000, the market price of which is equivalent to KRW 219,00,000, and the 1,160,000,000, market price of which is equal to KRW 1,00,000.

In addition, from May 29, 2020 to June 5, 2020, the Defendant stolen the property amounting to KRW 2,063,00,00 as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of each of the police records in the police interrogation protocol F, G, and E prepared by the accused each, each of the reports on the theft, each of the internal investigation reports, and the application of the statutes governing investigation reports

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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 of the Probation Criminal Act, despite the fact that the defendant had been already punished twice for the same crime, repeats each of the crimes of this case, part of the victim wants to be punished strictly for the defendant. However, the fact that the defendant led to the confession of the crime, the violation of the defendant, the repayment of damage to some victims, the fact that there is no record of suspended execution or more punishment, and the motive, means and result of the crime of this case, the circumstances after the crime, the defendant's age, character and behavior, and family environment, shall be determined as ordered by taking into account all the factors

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