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(영문) 서울중앙지방법원 2018.10.10 2018고단4842
절도
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 13:00 on July 3, 2018, the Defendant: (a) placed the victim’s two uniforms located in the first floor of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government B building, using the gaps in which the victim took care of the victim’s attention from the table table in front of the Kabter, put the victim’s cash amounting to KRW 168,00,000, 168,000, 1, 1, 1, 1, 1, 3, 1, 1, 3, 1, 1, 1, 1, 1, 1, 85,00, 1,000, 100,000, market price of which includes the right of winning in the table table in front of the Kabter.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each investigation report (No. 5 and 7 No. 5 of the evidence list);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] The area of mitigation (from April to October) in the area of mitigation (the area of general larceny) for the general property is not subject to punishment;

2. Determination of sentence;

(a) favorable circumstances: A reflectivity, and an agreement with the victim;

(b) Unfavorable circumstances: Records of a large number of identical crimes;

C. The Defendant’s age, sex, environment, occupation, family, motive and consequence of the crime, and various sentencing conditions as shown in the instant records and trial process, such as the circumstances after the crime, shall be determined as ordered by comprehensively taking into account.

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