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(영문) 서울남부지방법원 2016.02.03 2015고단1556
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2015, the Defendant: (a) around 01:52, at “CPC room” located in the Gangseo-gu Seoul Metropolitan Government B 4th floor, destroyed the gap in which the victim D, who is the above PC room business owner, was kept in the large credit cooperative, by calculating the gap, and stolen the property owned by the victim in the aggregate of KRW 1.70,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to each investigation report (related to the analysis of CCTVs at the scene of occurrence and the verification of damages);

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense. Article 329 (Selection of Punishment of Imprisonment)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (The following conditions favorable to the reasons for sentencing)

1. A crime of larceny in the area of mitigation (from April to October) (special mitigation) of the sentencing criteria [the scope of recommended punishment] and living penalty in the area of mitigation (the general larceny) for general property;

2. Although the Defendant was punished twice by a fine for the same type of crime in 2013, he/she again committed the instant crime, and did not recover damage to the victim, etc. However, it is recognized that the Defendant reflects the Defendant’s recognition of the instant crime, that the amount of damage is a small amount, and that the Defendant’s household situation seems difficult, considering the favorable circumstances.

All of the sentencing conditions in the instant case, including the aforementioned various circumstances, Defendant’s age, sexual conduct, environment, the background and result of the instant crime, and the circumstances after the crime, etc., shall be determined as per the disposition.

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