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(영문) 서울중앙지방법원 2015.11.13 2015고단6143
절도
Text

A defendant shall be punished by imprisonment for six 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 September 12, 2015, at around 14:30 on September 12, 2015, the Defendant, at the “F” bank for the victim E’s operation located in Jongno-gu Seoul Jongno-gu Seoul D shop, 14 K 1,50,000 in the market price of 14KK (3,000,000 won in the Defendant’s new fingers and stolen it.

2. On September 17, 2015, the Defendant: (a) cut off 520,000 won, in total, 520,000 won in the market price of 10,000 won from the victim’s strings in the name-free door near the 3-ro Station in Jongno-gu Seoul Metropolitan Government, to verify the business among the victims; and (b) cut off 2 parts of the above strings in which the victim’s management was neglected by paying a pipe to the Defendant’s strings.

3. On September 18, 2015, at around 16:40 on September 18, 2015, the Defendant, at the “I” bank for the operation of the Victim H located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government G, stolen the amount equivalent to KRW 4.50,00 in the market price of 14 KK (2.5 e.g., 550,000,000 from the Defendant’s hand, and stolen it out of the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to written appraisal;

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

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 (The following extenuating circumstances among the reasons for sentencing);

1. 환부 형사소송법 제333조 제1항 양형의 이유 [유형의 결정] 절도범죄, 일반재산에 대한 절도, 제1유형(방치물 등 절도) [특별양형인자] - 없음 [권고형의 범위] 징역 4월 ∽ 징역 8월(기본영역) [수정된 권고형의 범위] 징역 4월 ∽ 징역 1년 2월[다수범죄 처리기준에 의하여 경합범죄인 절도죄의 형량범위(기본영역, 징역 4월 ∽ 징역 8월 의 상한의 1/2 및 1/3...

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