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(영문) 의정부지방법원 2016.05.25 2016고단574
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On November 22, 2015, the Defendant: (a) at D stores with the fifth floor of the building B, the victim C, working on the fifth floor of the building B, who used a cresh in which the victim’s surveillance was neglected; and (b) at D stores with the victim’s market price of 459,000 won, he/she shall deduct the victim from his/her clothes one set of money equivalent to 459,00 won at the victim’s market price.

2. On November 2015, the Defendant: (a) at the F store where the victim E works on the fourth floor of the building B, the victim E, at the Government-si around 1, 2015, used a cresh in which the victim’s surveillance was neglected; (b) deducted the victim’s market price equivalent to KRW 99,000 from the clothes; and (c) deducted the victim’s market price of KRW 99,00 from the clothes.

The summary of the evidence was stolen.

1. Defendant’s legal statement

1. A written statement of C and E;

1. Protocols of police seizure and list of seizure;

1. Application of Acts and subordinate statutes on field photography photographs, B’s (CCTV) image output of the building C, the image output produced by the Gu Government Station Sypt, the details of passage through the Gu Government Station set, the response data on a slot card, and the data on seized objects and photographs;

1. Relevant provisions of the Criminal Act and the choice of punishment for the facts of the crime, and Article 329 of the Criminal 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 suspension of execution (the following favorable circumstances):

1. The sentencing period of Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order, Article 1 of the Act on the Punishment of Specific Crimes [the scope of recommended punishment] (one to six months) in the mitigation area (one type (the theft of neglected water, etc. neglected water) in general property] (the scope of recommended punishment] in the mitigation area (one to six months) in the mitigation area of general property [the scope of recommended punishment] in the first type (one to six months), the mitigation area (the special mitigation area] in the mitigation area (one to six months) in the mitigation area of general property (the theft of neglected water, etc. neglected), [the person who has been sentenced] in January to nine months or September (the decision of sentencing] in addition, the Defendant committed the instant crime.

However, the defendant recognizes all his mistake and reflects it.

The theft goods have been recovered in all and agreed with the victims.

be punished in excess of a fine.

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