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(영문) 서울남부지방법원 2014.07.11 2014고단1918
절도
Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 23, 2014, at around 02:25, the Defendant taken one night-protruding-protruding-ro in front of the new road basin located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, a driver’s license owned by the victim C, which is the victim’s owner, taken up one driver’s license, one citizen’s card, one SK card, one card, one Korean card, and one modern card.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged articles, damage situations;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The theft of general property, the scope of recommended punishment for the sentencing criteria, in respect of which is the basic area (8 to 2 years) of the third category; and

2. On November 24, 2013, the Defendant: (a) obtained a wall that was occupied and used a credit card that was in his/her possession; and (b) committed the instant crime even if he/she received the disposition of suspending indictment on February 24, 2014; and (c) did not agree with the victim, etc., the Defendant is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the defendant is detained for a considerable period of time, and thus his/her mistake is against the defendant; (b) the defendant has no record of criminal punishment; (c) the damaged items have been returned to the victim; and (d) the conditions of all the sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, and circumstances after the crime, the probation of imprisonment with labor accompanied by

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