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(영문) 서울중앙지방법원 2017.05.25 2016고단9456
절도등
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

On January 11, 2017, the Defendant was sentenced to 8 months of imprisonment, 2 years of suspended execution, 3 years of protection observation, and 80 hours of community service at night in Seoul Western District Court on January 11, 201, and the said judgment became final and conclusive on January 19, 2017.

On November 24, 2016, at around 18:56, the Defendant: (a) committed a theft of, or attempted to commit a theft of, the victims’ property on seven occasions until December 3, 2016, including one resident registration certificate, card 2, and one key, which is the victim’s ownership, on the computer book used by the victim E, a customer, from the time of theft, the Defendant committed a theft of, or attempted to commit a theft of, the victims’ property on seven occasions, as described in the list of crimes, until December 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Each CCTV photograph;

1. Each report on investigation;

1. Previous convictions: Application of text of judgment and information-related Acts and subordinate statutes on the date of final judgment;

1. Relevant provisions of the Criminal Act and the selection of punishment for the crime (the point of larceny, the choice of imprisonment with prison labor), Articles 342 and 329 of the Criminal Act (the point of attempted larceny, and the choice of imprisonment with prison labor);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was prosecuted on October 19, 2016 after the police investigation conducted on October 19, 2016 and repeated committing the instant crime, and that most of the damage was not recovered, etc., is an unfavorable condition against the Defendant.

However, the defendant's mistake is divided, there is no history of punishment for the transfer of this case, and the equality in the case of being tried at the same time as the night of intrusion larceny in the judgment should be considered, the victim G and F are agreed with each other, and the scale of damage of this case is large.

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