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(영문) 서울남부지방법원 2016.07.20 2016고단1373
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 December 5, 2015, the Defendant, at around 15:00 on December 5, 2015, 2015, carried out locks containing KRW 256,00, credit card 2, and one resident registration certificate, etc. from a household bank owned by the victim who was placed in a beauty room by the victim D while in the “C Beauty Room” located on B 1st floor in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan City.

They were stolen.

2. On January 2, 2016, the Defendant: (a) around 13:00 on January 2, 2016, up to 700,000 won in cash from the bank owned by the victim who was placed in a beauty room in the “F beautyroom” located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, when the victim G is going to the beauty room;

They were stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (the relative investigation, etc. of a victim), a criminal investigation report (the relative investigation of a victim), and a criminal investigation report (the counter investigation of a beauty room);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to nine years; and

2. The scope of recommended punishment according to the sentencing guidelines (the same type of basic and concurrent crimes and the same person in charge of sentencing, which shall be deemed all times) / [the determination of the type] / there is no general larceny (2) [the scope of recommended and recommended punishment] [the scope of recommended areas and recommended punishment] / six months to one year and six months [the scope of recommended punishment according to the standards for multiple crimes] / six months from six months to two years (the scope of recommended punishment according to the standards for multiple crimes / two years from six months from two years (the upper limit of the scope of punishment for basic crimes / two years)

3. The fact that the Defendant had previously been sentenced to the suspension of the execution of imprisonment with prison labor for a crime similar to the instant crime, and was sentenced to a fine, but again led to the instant crime, and that the damage has not been recovered, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes his mistake and reflects it.

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