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(영문) 서울북부지방법원 2018.09.20 2018고단2757

절도등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[Criminal record] On August 30, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on November 27, 2016.

[2] On June 2, 2018, around 10:55, the Defendant: (a) at the “F convenience store” managed by the victim E in the D station located in Dongdaemun-gu Seoul Metropolitan Government, the Defendant: (b) had one shopping bag equivalent to KRW 3,500 at the market price by taking advantage of the gaps of the victim’s care; (c) and (d) took off the victims’ property worth KRW 1,779,000 in total four times from June 2, 2018, as indicated in the list of crimes in the attached Table, from June 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G, H, I, and E;

1. A report on investigation (specific amount of damage);

1. On-site photographs, CCTV photographs, drillings, and CCTV images;

1. Previous convictions: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, report on investigation (report on the confirmation of crimes during the period of repeated crime), copy of judgment, and current status of acceptance of individuals;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines is a crime for which the sentencing guidelines are not set, taking into account the lower limit of the recommended sentencing range according to the majority standards for each crime of larceny for which the sentencing guidelines are set; and

(a) A Class 1 crime [the scope of recommendations] thieve crime for general property, which does not fall under the aggravated area (10 months to 2 years) (special aggravated) of the aggravated area (10 months to 3 years) for the larceny of general property;

B. Class 2 Crimes / [Scope of Recommendation] thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(c) 3 offences.