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(영문) 서울남부지방법원 2017.03.16 2016고단5145
절도등
Text

A defendant shall be punished by imprisonment for four 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. On September 7, 2016, at around 04:10, the Defendant stolen the property owned by the victim by gathering at random one of the market price, from the packing end of the victim D (V, 56 years of age) installed in front of the bank located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu.

2. On September 7, 2016, from around 04:20 on the same day to around 04:40 on the same day, the Defendant obstructed the business of packaging the horse by force by having the customers who were on the packages, by finding again in the packages, and having the customers scam and scambling the scam to the said customers, and by preventing the said victims from scaming the scam, making the victim scam by hand, and making the customers scam to scam on the packages.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to photographs of damage;

1. Relevant Article 329 of the Criminal Act, the choice of a punishment for an offense, Article 329 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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. 0-2 favorable circumstances for sentencing under Article 62-2 of the Criminal Act: The degree of damage is not heavier than the degree of damage, and the victim has not been punished against the defendant;

(k) Unfavorable circumstances: The fact that there are several criminal records for the same kind of crime, there is no penance of mistake, and the other means and results of the crime, and the circumstances after the crime, etc. are considered.

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