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(영문) 서울북부지방법원 2020.05.14 2019고단2048

절도미수등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Criminal facts

On September 15, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. in the Suwon District Court's Ansan Branch, and on November 8, 2017, the Defendant completed the execution of the sentence in the Sungsung Vocational Training Correctional Institution.

[2019 Highest 2048] The Defendant, at around 16:45 May 4, 2019, accessed the victim D, who had been on duty at the upper point of Dongdaemun-gu Seoul, and attempted to commit a theft by inserting his hand within the main machine on the right side of the victim, but he did not commit an attempted crime because he was discovered to the above main line of the victim who had been witnessed.

[200 Godan1168] On February 29, 2020, the Defendant accessed the victim G who purchased fruit from F in Dongdaemun-gu Seoul E market, and stolen the Defendant’s mobile phone worth KRW 800,000 in cash, including 150,000 in cash, and 150,000 in cash, which is located on the right side of the victim’s seater, and one credit card of our bank.

Summary of Evidence

A previous conviction: (Evidence Records of Evidence No. 2019No. 2048), an investigation report (verification of criminal records and convictions for repeated crimes), - related court rulings, - the current status of acceptance by individuals, and the results of inquiry [2019No. 2048]

1. Defendant's legal statement;

1. Written statements, - Paper photographs of the victim of D;

1. A written statement of H (2020 order 1168);

1. Defendant's legal statement;

1. G victim statement;

1. Reports on internal investigation (victims' internal investigation, etc.);

1. Investigation report (specific description of the damaged party);

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent offenders, the Defendant, on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, stolen another’s mobile phone, and attempted to steals another’s walling.

The defendant has been punished several times for the same crime.