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(영문) 서울북부지방법원 2017.02.10 2016고단3583
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 July 21, 2016, around 21:14, the Defendant: (a) at the E convenience store for the victim’s D operation located on the fourth floor of the Dongdaemun-gu Seoul Metropolitan City Seoul Metropolitan Government building, the Defendant stolen goods worth KRW 11,900 in total by placing the victim’s abundance in the Defendant’s household room without calculating one night, which is equivalent to KRW 8,700, the market price of the victim’s possession, which was displayed in the sales room by taking advantage of the gaps in which the victim’s surveillance was neglected; and (b) by placing one night in the Defendant’s household without calculating one night.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation);

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] / None of the basic areas (six months to one year and six months) (the person subject to special sentencing / [the decision of sentencing] / [the decision of sentencing] / The defendant selects imprisonment by taking into account the fact that the defendant has several records of punishment for the same kind of crime (seven times). However, considering the fact that the defendant misleads himself/herself, he/she acknowledges mistake, seizes a stolen product at the site, returns the victim, and determines the fact that the defendant's mental health is not good, etc., he/she shall be sentenced to minor punishment than the minimum limit of the recommended punishment

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