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(영문) 서울중앙지방법원 2017.02.02 2016고단8427

절도

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The title of Seoul Central District Public Prosecutor's Office No. 2016 No. 7059, seized, is No. 1.

Reasons

Punishment of the crime

[Majority Opinion] On February 13, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on May 6, 2016, and completed the execution of the sentence at the Net Prison on May 6, 2016.

[2016 Highest 8427]

1. From September 28, 2016, around 19:30 on September 28, 2016, the Defendant: (a) took care of the victim D’s “F” operated by the victim D on the first floor of the Seocho-gu Seoul Seocho-gu Seoul E building; (b) took care of the victim as if he were to take over, and (c) took care of the victim’s locked place in one finger-si, one of which is equivalent to KRW 3,00,000 in the market price of the victim’s possession in the warehouse, which was located in the warehouse, and brought about a total amount of KRW 400,000 in the market price of KRW 50,000 in the market price, including taking back the bags from July 30, 2016 to October 29, 2016, 3000 in total, and 300,000 won in total, as indicated in the list of offenses.

[2016 Highest 9227]

2. From August 16, 2016, the Defendant stolen the victim G with a “I” restaurant working for the victim G in the first floor of the H of the G building in Seongbuk-gu, Sungnam-si, Sungnam-si, and with a view to concluding a lease contract, the Defendant stolen the victim’s cash amounting to KRW 850,000 (50,000, KRW 50, KRW 10,000, KRW 60, KRW 60), which was located in the main room of the victim’s supervision, by taking advantage of the gaps in which the victim’s surveillance was neglected.

Summary of Evidence

[2016 Highest 8427: Facts No. 1 of the Decision]

1. Statement by the defendant in court;

1. Each police statement made against J, K and L;

1. Each statement of D, M, N, C,O, and P [the fact set forth in Decision 2-2 of the Decision]

1. Statement by the defendant in court;

1. G's written statement (before judgment);

1. (A) a response to inquiries, such as criminal history, and the results of the search of the suspect, the application of the judgment-making statute;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense. Article 329 (Aggravated Punishment and Selection of Imprisonment);

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.