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(영문) 서울남부지방법원 2014.12.23 2014고단4631
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 November 2014, 2014, the Defendant: (a) on the front side of the Yangcheon-gu Seoul apartment zone, D was installed in the middle of the Mabbbbbak store business; (b) walking the tent in which D was equipped with the bridge, which was fluent of the finger, with the handbre, and opened the locked locked; and (c) opened the locked brush by cutting the locked; and (d) opened the brush, the 500,000 won market value of the victim E-owned in that region,

2. On November 13, 2014, at the front of the Yangcheon-gu Seoul Metropolitan Government, at around 00:45, the victim G walked a balbbbbbre shop business, and walked the balbbbre which the victim G was installed and dried up on the roof balbre, with a handbre, with a view to walking the tent where the handbre is locked, and with eight balbrecrecres in which the victim’s market value is 40,000 won.

3. On November 23, 2014, around 03:00, at the front of the exit of Gangseo-gu Seoul Metropolitan City H basin No. 6, the victim I walk a tent in which the victim I completed the business of providing the balbbbbbbbre care, and the balbre, which he was equipped with the balbbre, was able to walk a tent in which the balbbbbbre is tight, and the victim’s market value was 300,000 won.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of I, G, and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. The scope of recommending types of punishment [3 cases] on the basis of the sentencing criteria, the scope of final sentences due to the aggravation of multiple offenses committed by many persons who are subject to special mitigation (4 to October) in the mitigated area (4 to 10 months): April 10 to June 10;

2. When the defendant is detained for a considerable period of time and reflects his/her mistake, the primary offender is the defendant's age, character and conduct, and circumstances after committing the crime of this case and all the conditions of sentencing that are shown in the records and arguments of this case.

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