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(영문) 서울남부지방법원 2020.01.09 2019고단5418
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 00:10 on September 24, 2019, the Defendant: (a) committed theft with “LGV50” mobile phones and credit card cards on the market price, which is the victim’s possession, who was posted on the her friend’s own friend, by taking advantage of the friend difference caused by the victim B’s friend in the friend train in Mapo-gu Seoul, under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes for investigation reports (receiving cases and hearing statements of victims);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] 4. Larceny [Type 3] 4. Large-scale Larceny [Special Aggravation of Punishment] Reduction Elements: Reduction area of identical repeated crimes (recommended area and scope of recommending punishment) that do not correspond to specific crime Aggravated Punishment: Reduction area of punishment, six months through one year;

2. The second offense, even though having been sentenced to punishment for the same kind of crime, is committed, considering the circumstances unfavorable to the defendant, that the defendant recognized the mistake and appears to be reflective, that the defendant compensated for the damage and agreed with the victim, that it appears to be a contingent crime, and that there was no sentence since the sentence was sentenced in 200, considering the circumstances favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, criminal record, circumstances after the crime was committed, and all the sentencing conditions shown at the trial.

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