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(영문) 서울중앙지방법원 2013.09.24 2013고단3668
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 21, 2012, the Defendant: (a) around 15:00, at a D store located in Gyeonggi-gun Co., Ltd.; (b) on October 21, 2012, the victim E, an employee of which was displayed in the store, was cut off with a large sum of 100,000 won for men at the market price kept by the victim in the store.

From that time to April 10, 2013, the Defendant stolen the total amount of 2,0760,000 won, respectively, over 32 occasions, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement of G, H, I, J, K, M, M, N, P, Q, R, T, U, V,W, X, Y, Z, AAB, AC, ACE, AE, AE, AF and AG;

1. Application of police seizure records, list of seizures and photographs and Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in larceny of April 10, 2013, with the largest penalty);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Determination of Punishment] thief for general larceny [Determination of Recommendation Area] / [Scope of Recommendation Form] 6 months to 1 year and 6 months / [Scope of Punishment ] - Where damage has been recovered from considerable mitigation elements, applicable provisions shall not have any record of criminal punishment [Scope of Punishment ] : Statutory punishment in Article 329 of the Criminal Act: 1 to 6 years : 1 to 6 years : 1 month : 1 to 6 years - Major reasons - there is no positive record of criminal punishment - General witness reasons : there is no positive record of criminal health of the defendant - [The punishment and Recommendation Form ] Aggravation of concurrent crimes (Aggravation of Punishment 1), and as a result, damage has not been recovered from considerable mitigation elements of punishment: The defendant shall be sentenced to punishment / [The punishment by comparing with punishment 1 to 9 years - year / year / year / year / year 1 to 6 months / year / June 3].

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