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(영문) 서울중앙지방법원 2017.05.25 2017고단2252

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 22, 2016, the Defendant was sentenced to six months of imprisonment for the attempted indecent act committed by the Seoul Central District Court, and completed the execution of the sentence at the Seoul Detention Center on August 28, 2016.

The Defendant, due to the lack of employment, stolen smartphones from the subway station platform with a large dynamic population at night from the time of termination of the lack of living expenses, and thought to raise living expenses.

1. On March 1, 2017, around 06:37, the Defendant: (a) accessed the victim C who was under the influence of alcohol in the vicinity of the subway station of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, and the subway Station of the subway Station of the subway Station of the subway Station of the subway Station of the subway Station of the subway Station; and (b) stolen the victim’s U.S. bank credit card No. 1, 1, 1, and 90,000 won on the left side of the victim’s left side, with one copy of the victim’s U.S. bank credit card No. 1, 1, 1, and 1,000 won on the city-specific 5,000 won on the street street of the city.

2. On April 1, 2017, at around 00:25, the Defendant: (a) 340, the Hague-ro 340 in Gangnam-gu Seoul, and the Defendant: (b) 340, the subway 2, the Defendant: (c) had one smartphone, so far as there is a 9.50,00 won of the victim’s market price owned by the victim, who was under the influence of alcohol in the vicinity of the subway 2; and (d) had an opportunity to steals smartphone by approaching the victim D, who was faced with a breath in the influence of alcohol; and (e) had an opportunity to steals smartphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs by capturing each CCTV image;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a 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. Sentencing Sentencing - The first offence [the scope of recommended punishment] - Two types of theft (general larceny) in general property (two months to ten months) in the area of special mitigation / [the person eligible for special mitigation ] the livelihood of a person eligible for special mitigation - The second offence [the punishment recommended.].