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(영문) 서울동부지방법원 2013.10.25 2013고단1759

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

1. At around 07:00 on July 2, 2013, the Defendant had one gallon juthal cellular phone base in the market price, which is the market price owned by another victim, the gap in which the victim E is locked in the first floor of Songpa-gu Seoul building C, Songpa-gu Seoul.

2. The Defendant, at the same time and place as in Paragraph 1, has a 2 mobile phone lusium in the city where the victim F has a lusium lusium in the market value, which is the market value of other victims.

3. The Defendant, at around 16:00 on July 17, 2013, had one set of 3 mobile phones in Samsung Galgallon in the market price, which is the market owner of another victim, at the same place as paragraph (1).

Accordingly, the defendant stolens the victims' articles on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to report on investigation (the photographing of damaged articles and photographing of suspects);

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

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) on November 21, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny for a period of two years on August 21, 2012; and (b) on the 29th of the same month, the said judgment became final and conclusive, and subsequently repeats several times

However, the facts that confessions and reflects the crime, the victims E and F agreed that they do not want punishment, and the damaged goods referred to in paragraph (3) of the facts charged appear to have been seized and returned to the interested parties (see, e.g., Supreme Court en banc Decision 2009Da13489, Apr. 2, 2009), and all other circumstances, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, etc., and the sentencing guidelines of the Sentencing Committee shall be