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(영문) 서울중앙지방법원 2018.04.16 2017고단2324
절도
Text

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

Reasons

Punishment of the crime

1. 2017. 3. 31. 자 범행 피고인은 2017. 3. 31. 20:18 경 서울 서초구 B에 있는 C 지하 1 층에 있는 D 매장에서, 위 매장의 직원인 피해자 E의 감시가 소홀한 틈을 타 매장에 진열된 1,500원 상당의 볶음 진 짬뽕 1점, 1,500원 상당의 깻잎 2점, 1,500원 상당의 햇반 1점, 합계 6,000원 상당의 식품을 몰래 가방 안에 넣는 방법으로 절취하였다.

2. On April 14, 2017, the Defendant committed the crime, around 13:28, on April 14, 2017, committed the theft by putting 2,340 won in shopping bags that were located in Seocho-gu Seoul Metropolitan Government F and that were located in the first floor food display room, the victim H in the first floor food display room, and then 2,340 won in the market price managed by the victim H, 340 won.

3. On February 12, 2018, the Defendant: (a) committed the crime committed in violation of Article 13(1) of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the Presidential Decree of the former Enforcement Decree of the Presidential Decree of the former Enforcement Decree of the Presidential Decree of the former Enforcement Decree of the Presidential Decree of the former Enforcement Decree of the Presidential Decree of the former Enforcement Decree of the Presidential Decree of the former Enforcement Decree of the Presidential Decree of the former Enforcement Decree of the Presidential Decree of the former Enforcement Decree of the Presidential Decree

Summary of Evidence

[2017 Highest 2324]

1. A written statement of victims of E;

1. One copy of theft photograph, the form of the suspect as at the time of arrest of the flagrant offender, and one copy of photograph of the suspect;

1. Each statement of H and L;

1. Photographss of damaged objects, a receipt of damaged objects, and a CCTV-cape (2018 upper end 1304);

1. Statement made to K in the police statement;

1. Application of investigation reports (2) , photographs, and photographs of the scene of crime to the Acts and subordinate statutes;

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

1. The sentencing guidelines set forth in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the general property] shall be mitigated by two types (4 months to 10 months). (b) The mitigated area (special mitigation (special mitigation) (special mitigation) [a person] residential / habitual offender.

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