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(영문) 서울중앙지방법원 2016.02.19 2015고단6307
절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. A thief on June 9, 2015, around 10:00 on June 10, 2015, at D stores in the 2nd floor of Yongsan-gu Seoul Metropolitan Government, the Defendant stolen the said victim’s management by putting the victim’s D stores in his/her own bank, one color bank equivalent to 28,000 won at the market price of the said victim’s management, which was displayed at the same time by crebing the victim’s supervision over the victim’s E, one color bank equivalent to 65,000 won at the market price, one bief equivalent to 80,000 won at the market price, and one bicaf equivalent to 52,000 won at the market price, including one balth.

2. On June 10, 2015, the Defendant, at around 10:00 on June 10, 2015, stolen: (a) in the place indicated in the foregoing paragraph “1.” as above, the Defendant stolen the Defendant, using the said method, with the goods equivalent to KRW 430,000, total market value of KRW 110,000, total market value of the victim’s arms and asphalt at KRW 10,000; and (b) with each other, with the goods equivalent to KRW 10,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to each investigation report (each initial investigation report, and failure to recover part of damaged articles);

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

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. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has a record of being punished by a fine several times for the same kind of crime.

It is true that a confession of a crime does not commit a second offense.

Most of the damage, except for one dead-packer, was returned to the victim.

In addition, all the conditions of sentencing, such as the defendant's age, sex, family environment, motive and method of the crime, circumstances after the crime, etc., shall be comprehensively considered and sentenced to the same punishment as the order.

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