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(영문) 서울남부지방법원 2012.11.14 2012고단3710

절도

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 6 shall be returned to the victim C.

Reasons

Punishment of the crime

[Criminal Justice] On October 10, 2012, the Defendant was sentenced to a suspended sentence of four months for larceny at the Seoul Southern District Court (Seoul Southern District Court) on October 18, 2012, and the said judgment became final and conclusive on October 18, 2012.

【Criminal Facts】

On October 11, 2012, at around 16:10 on October 16, 2012, the Defendant, at the police box of Yeongdeungpo-gu Seoul Metropolitan Government, destroyed the Defendant’s cash of KRW 82,00, a police officer’s identification card of KRW 1, a police officer, and a cell phone charging device.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. Photographs;

1. Previous convictions in judgment: References to criminal records, undispositions, and application of Acts and subordinate statutes reporting results;

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act [Determination of Punishment] thief. General property: thief. Basic area [Determination of Recommendation Area] / [Pronouncement of Punishment] 6 months to 1 year / 6 months / [Pronouncement of Punishment] 6 months (the defendant has been punished eight times as fines for the same kind of crime. In particular, the following day of the judgment sentenced to a suspended sentence of imprisonment for 1 year for larceny on October 10, 2012, which was sentenced to a suspended sentence of 1 year for 4 months after the sentence was sentenced to a suspended sentence of imprisonment for thief., the crime of this case was committed and its nature is inferior, the method of receiving crimes was interviewed to the extent that the defendant carried with things located in a police box, and all of the sentencing conditions shown in this case and pleadings, such as the defendant's age, character and behavior, environment, etc.