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(영문) 서울동부지방법원 2014.08.14 2014고단1843
절도
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On March 26, 2014, at around 15:00 on March 26, 2014, the Defendant taken up KRW 2.50,00,00 and one new bank check-up (F) in the name of the victim in Seongdong-gu Seoul Metropolitan Government, where the victim D works in Seongdong-gu.

2. On March 26, 2014, around 15:08, the Defendant collected and inserted a stolen body crow card as described in paragraph (1), and withdrawn a total of three million won through three times, from the cash withdrawal of the victim’s cash withdrawal at the same location of one bank located in Seongdong-gu Seoul, Seongdong-gu, Seoul.

3. On March 26, 2014, around 15:16, the Defendant withdrawn KRW 2,00,000 through twice in the same manner as described in paragraph (2) at the cash withdrawal for the management of the victims established at a Dong branch of the Korean National Bank of Korea, Seongdong-gu, Seoul, in the same manner as described in paragraph (2), and at around 15:33 of the same day, the Defendant withdrawn KRW 1,00,000 in total from the cash withdrawal for the management of the victims at the victim’s king-dong branch located at the same time.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV photographs);

1. Article 329 of the Criminal Act applicable to the crime;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of sentence recommended according to the sentencing guidelines (determination of type) thief. General property: thief [Determination of the recommending territory] basic area of theft [the scope of sentence to recommend] six months to one year and six months [the scope of sentence to recommend according to the guidelines for handling multiple crimes] six months to two years and nine months;

2. The fact that the defendant committed the instant crime even though he/she had been punished several times for the same crime, and is not agreed with the victims, etc. shall be considered.

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