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(영문) 서울서부지방법원 2020.02.28 2019고단4505

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 9, 2019, the Defendant was sentenced to imprisonment with prison labor for larceny and four months at the Seoul Central District Court on July 8, 2019, and completed the execution of the sentence.

On December 3, 2019, between 13:20 on the same day and 14:44 on the same day, the Defendant stolen it by placing it in its own part, which prepared 115,820 won in advance the total sum of 19 items, such as the list of crimes in attached Form 115,820, and without calculating it, by using gapss of surveillance of Mat employees, including victims D, at the third-story food store located in Yongsan-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (CCTV video review);

1. Each accompanying document (a written statement of the victim and a photograph of damaged articles);

1. Previous convictions in judgment: Application of criminal records, references to criminal records, each investigation report (a list of related cases, attachment of the same kind of judgment in the past, confirmation of the completion date of punishment for repeated crime), and Acts and subordinate statutes on the status of personal confinement;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to twelve years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief for general property [Type 2] general larceny [Special thief] mitigated element for living: Reduction area of the same type of repeated crime (recommended area and recommendation range] that does not fall under the aggravation of specific crimes (Cumulative crime): Reduction area of mitigation area of punishment, and April through October;

3. In light of the fact that the Defendant was sentenced to punishment for the same kind of crime, and that the Defendant did not know even during the period of repeated crime resulting from the same crime, such as the record before the judgment, and again commits the instant crime, it is necessary to punish the Defendant with strict punishment.

However, the defendant has led to the crime of this case, the amount of damage to the thief crime of this case is a small amount, and the age, character and conduct of the defendant, and the case.