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(영문) 인천지방법원 2016.06.23 2016고단358
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) around November 16, 2014; (b) around 16:40, at the “F store operated by the victim E in the New World department store D located in Incheon; (c) took advantage of the gap in which the victim’s surveillance was neglected; and (d) took advantage of the gap in which the victim’s surveillance was neglected, the Defendant placed one package of 800,000 won at the victim’s market price displayed in the store and stolen it.

2. The Defendant, at around 16:00 on February 2, 2015, posted in Incheon G, and at the “J” store operated by the victim I, the victim I, who was in the department store H, used the gaps in which the victim’s surveillance was neglected, put one of the f80,000 won of the market price, which is the victim’s possession, displayed in the store, in advance, was put in a vinyl box and stolen.

3. At around August 9, 2015, the Defendant: (a) placed in the “L store” operated by the Victim K, which was located in the said new world department store D; and (b) placed one of the victim’s market prices, 155,000 won, which is the victim’s ownership, displayed in the store, in the clothes, and stolen it by taking advantage of the gaps of the victim’s surveillance negligence.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Each legal statement of witness M, K and I;

1. Application of CCTV photographs (F), CCTV photographs (D. D.), investigation reports, and photographs in clothing-related Acts and subordinate statutes;

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

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of the recommended sentence according to the sentencing guidelines for the crimes No. 1 [the scope of the recommended sentence] for the general property [the scope of the recommended punishment] and the mitigated area (4 months to 10 months) for the general property (the general larceny] [the scope of the final sentence due to the aggravation of the punishment for the majority who is not subject to the special mitigation]: April to June 10:

2. The decision-making defendant has a record of being punished several times for the same crime.

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