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(영문) 서울중앙지방법원 2016.08.25 2016고단3772
절도
Text

A defendant shall be punished by imprisonment for four 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

On October 18, 2015, around 17:30 on October 17, 2015, the Defendant cited a mincer equivalent to KRW 2,390,000, market price of KRW 590,000, and a mincer equivalent to the market price of KRW 330,000, which was on the display stand where the victim B, etc. responded to other customers in Gangnam-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Police seizure records;

1. Application of CCTV images and seized photographs to the Acts and subordinate statutes;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. The basic area (referring to four months to eight months) of the sentencing criteria [the scope of recommended punishment] the theft of general property and the basic area (the theft, such as abandoned water, etc.) (no person in special sentencing)

2. The fact that the Defendant, who was sentenced to the sentence, committed the instant crime without being aware of the fact that he had already been faced with the same kind of crime and suspended indictment, and that the circumstances after the instant crime, such as repeating the same kind of crime even after the instant crime, are disadvantageous to the Defendant.

However, the Defendant reflects the Defendant’s mistake in depth, and, as a result of the outbreak of eight years ago, the physical and mental weaknessd while living due to the illness of the Defendant, and the two years ago, which led to the instant crime under very unstable mental and physical conditions due to the recurrence of cancer and the difficulty in home circumstances, and the Defendant’s voluntary submission to an investigative agency of all stolen articles to return the stolen articles to the victim, and the fact that there has been no past record of criminal punishment can be considered as favorable circumstances.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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