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(영문) 수원지방법원 성남지원 2018.09.12 2018고단1085
절도등
Text

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

Reasons

Punishment of the crime

"2018 Highest 1085"

1. On April 15, 2018, at the D convenience store located in Gwangju City around 13:20 on April 15, 2018, the Defendant: (a) placed the World Cup in the display stand by taking advantage of the gaps in which surveillance by the victim E, who is an employee of the location, was neglected; (b) brought about the concealment of the instant World Cup, which is equivalent to KRW 5,000 in the market price, and 3,400 in the market price, and brought about the concealment and theft thereof.

2. On April 23, 2018, around 18:30 on G located in Gwangju City, the Defendant: (a) placed the victim H, an employee of the place in G located in Gwangju City, in a display room using a cresh in which the surveillance of the victim H was neglected; (b) brought about concealment and theft by inserting it into a bank holding the World Cup of the amount equivalent to KRW 2,700 in the market price of KRW 1,600 in the market price.

around 23:35 on May 14, 2018, the Defendant: (a) tried to steal a mong-type color tag on the victim’s PC located at the JPC room located in Gwangju-si, Gwangju-si on May 14, 2018; (b) tried to cut off one mong-type tag on the victim’s PC No. 44 PC-type.

Summary of Evidence

"2018 Highest 1085"

1. Statement by the defendant in court;

1. Each statement of E and H;

1. Voluntary accompanying report, D convenience store unsettlement receipts, G CCtv photographics taken in G Cctv, ctv image images at the time of crime;

1. Investigative reports (verification of these images) 2018 Highest 1289;

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to investigation reports, investigation reports (on-site CCTV images verification), investigation reports (CCTV verification);

1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing guidelines for multiple crimes that have no basic area (6 months to one year and six months) (special sentencing factors) of the basic area of the theft of general property [the scope of the recommended punishment] according to the sentencing guidelines: Imprisonment for six months (the attempted larceny whose sentencing guidelines have not been set and attempted to commit a crime in the former part of Article 37 of the Criminal Act).

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