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(영문) 서울중앙지방법원 2017.10.12 2017고단5858
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2017, around 14:20 on July 14:20, the Defendant: (a) deducted the victim E, a business owner in Gwanak-gu, Seoul Special Metropolitan City, from one copy of the "Labor Law", which is a victim’s own market value equivalent to KRW 53,000, posted a cret to other customers, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes governing the photographs of damaged articles (new labor laws) and photographs taken by the suspected person on CCTV;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The decision not to impose a punishment in the mitigated area (4 to 10 months) in the mitigated area (4 to 10 months) of two types (general larceny) of general property: the decision not to impose a punishment is made in consideration of the defendant's age, sex and behavior, health conditions, circumstances after the crime, etc. in the following circumstances: the sentence is to be imposed as ordered in light of the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Act;

- Unfavorable circumstances: The history of the same type of punishment (2 times of fine): - The favorable circumstances: confession, serious reflectivity, and no record of punishment for the victim under an agreement with the victim;

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