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(영문) 서울동부지방법원 2016.10.11 2016고단2583

절도

Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 13, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Seoul Eastern District Court on January 18, 2014 and completed the execution of the sentence.

【Criminal Facts】

On July 23, 2016, at around 17:59, the Defendant: (a) stolen the Victim C, which was placed front of the entrance before the Gangdong-gu Seoul Building 201; (b) 30, 2, and 30,000 won of the market price containing 30,000,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. C's statement of damage;

1. A report on internal investigation (the analysis of CCTV images at the scene of occurrence);

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), and application of Acts and subordinate statutes related to criminal records;

1. Relevant Articles of the Criminal Act and Articles 329 (Selection of Imprisonment)

1. According to the reasoning of the sentencing of Article 35 of the Criminal Act [Scope of Recommendation] for a repeated crime, the punishment is imposed as ordered in consideration of favorable circumstances, such as the following: (a) the reason for sentencing of Article 35 of the Criminal Act [a] for a repeated crime; (b) the reason for sentencing of Article 35 of the Criminal Act for general property (a) the mitigation area (a person who is specially mitigated for one month or six months) (a person who is subject to special mitigation]; (c) the defendant in March is a repeated crime; (d) the defendant was punished by imprisonment for the same type of crime; (e) whether he was punished by a fine by taking advantage of the crime of occupational embezzlement during the period of a repeated crime; and (e) the fact that he/she committed another crime in three months or less; (e) the value of