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(영문) 서울중앙지방법원 2017.09.21 2017고단2407
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On March 14, 2014, the Defendant was sentenced to six months of imprisonment due to fraud, etc. in the credit support of Suwon Friwon, and completed the execution of the above punishment on July 12, 2014.

[Criminal facts]

1. On February 7, 2017, at around 18:15, 2017, the Defendant: (a) from “D convenience store located in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City)”, the victim E, the owner of the business, neglected to exercise due diligence; (b) 1,660 won of the market price in other convenience stores; and (c) 1 C of E, the victim E, the owner of the business of which was negligent in selling at other convenience stores.

In other words, theft was committed on the job in a way of mathing.

2. On March 21, 2017, at around 14:20 on March 21, 2017, the Defendant, at “G convenience store” located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City F, in which the victim H, an employee, neglected his/her due diligence and neglected to do so, was 1,650 won of the market price in other convenience stores in an amount equivalent to KRW 1,650 of the market price in other convenience stores.

In other words, theft was committed on the job in a way of mathing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. A statement and a receipt of each control point;

1. Previous convictions: Inquiry about criminal history, inquiry about the current status of personal confinement, and application of statutes of each judgment;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [Scope of Recommendation] The reason for sentencing under Article 50 / [Article 2 of the Act on the Larceny for General Property] / [Article 4-10 of the Act on the Aggravated Punishment of Crimes / [Special Mitigation] The defendant committed the crime of this case repeatedly during the period of repeated crime due to similar crimes / The defendant was punished several times for the same or a similar crime after release, and the defendant was punished several times for the same or a similar crime. The punishment is imposed in consideration of the following: the defendant's age, sex, environment, family relationship, motive and consequence of the crime; the degree of damage caused by the crime of this case is relatively minor; the defendant's age, sex, family relation, motive and consequence of the crime;

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