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(영문) 서울동부지방법원 2016.04.14 2015고단3920
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny against victims C;

A. On May 10, 2014, around 21:10 on May 10, 2014, at the 3rd floor of the Seoul Songpa-gu Seoul building D D'E'E', the Defendant used a cresh in which the surveillance of the store occupant was neglected, thereby putting one of the victim C (W, 44 years old)’s market price equivalent to 89,000 won, which is owned by the victim C (W, 89,000 won) and stolen.

B. On July 27, 2014, around 21:15, the Defendant: (a) laid down a 898,000 copier’s market price, which is the victim’s ownership, at the same place as above; and (b) took a theft by having one copier’s pocket book equivalent to KRW

(c)

On August 1, 2015, the Defendant: (a) at the above place on August 21, 2015, at around 21:00, cut off with a total of KRW 308,000, total market value, which is the victim’s ownership, and a scarf.

2. From September 21, 2015, the Defendant: (a) committed theft against the Victim F, at the 4th floor “G” clothes store located in the above D building fashion pipe around September 21, 2015; (b) in the above manner, the Defendant: (c) committed theft with one female strts equivalent to 34,800 won at the market price owned by the Victim F (F).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to F;

1. Each statement of H, I, and J;

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

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. are identical to those of the defendant. While the previous convictions were twice or more, the crime of this case is committed at an unfavorable condition, or the defendant is treated as a adaptation disorder accompanied by a depression for a long time, and the previous crime or the crime of this case also seems to have occurred in a state where adaptation disorder is not completely treated, the defendant is suffering from other diseases, and the defendant is suffering from other diseases.

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