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(영문) 서울동부지방법원 2017.08.30 2017고단2039

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On August 14, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on February 12, 2015, and completed the execution of the sentence in the Seoul East Eastern Detention Center.

[Criminal facts] around 04:40 on June 21, 2017, the Defendant accessed the victim with the gap in which the victim C was under the influence of alcohol in a grass forest near the bus stops located in the 255-dong, Gwangjin-gu, Seoul Special Metropolitan City.

The defendant, who is located far from the victim's side, destroyed the victim's 1,00,000 Aphone 6 flus mobile phone and 34,000 won in cash, US$2, 1 copy of card on the market price, 1, blus flus earphone, 2, 2, 1, 2, 2, 2, and 3,000 won in flus flus flus flus flus flus flus flus flus flus flus flus flus flu

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol and seizure protocol against C by the police;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Determination of sentence] The punishment is determined as ordered by taking full account of the following circumstances, including the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime.

A favorable circumstances: A confession and reflects a crime, and there is no benefit from the larceny crime.

It is reasonable to see that the criminal defendant's repeated larceny, such as difficult economic circumstances and poor family history, has an impact on the criminal defendant's repeated larceny.

Unfavorable circumstances: The crime of uncompacting can be repeatedly avoided even during the period of repeated crime due to the crimes of the same veterinary law.