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(영문) 서울서부지방법원 2018.11.14 2018고단2248

절도

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, each of the larcenys against the victim B, C, D, and E shall be acquitted.

Reasons

Punishment of the crime

[criminal history] On November 10, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court (Seoul Northern District Court) on August 25, 2017, and completed the execution of the sentence at the Dong House in Seoul East District Court.

[Criminal facts]

1. From May 25, 2018, from around 22:30 on the following day to around 01:30 on May 25, 2018, the Defendant: (a) accessed the Victim F, who was under influence of alcohol, at the gallon in Seoul, from around 01:30 on the following day; and (b) stolen the Defendant with one gallon, which is the victim’s own market value of 90,000 won.

2. On May 25, 2018, the Defendant, at around 23:00, accessed the Victim G at the subway of Seoul Special Line 1, the Defendant: (a) committed theft with one cellphone in a gallon, the market price of which is equivalent to KRW 1,00,000, the victim’s ownership, by approaching the Victim G at the gallon of Seoul Special Line 1.00.

3. On May 26, 2018, around 01:00, the Defendant: (a) accessed the entrance of basin subway stations located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) stolen one mobile phone phone of the U.S. LG mobile phone at the market price, which is the victim’s ownership, prior to the entrance of basin subway stations; and (c) accessed the nameless victims under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. A written statement in F and G preparation;

1. Seizure records;

1. Copy of the seizure report (suspect H);

1. A report on investigation (a copy of the protocol concerning the interrogation of aH), a protocol concerning the interrogation of a suspect, a protocol concerning the preparation of a background, a protocol concerning the interrogation of a suspect (the second time), a protocol concerning the preparation of a background (the third time), a protocol concerning the preparation of a public prosecutor;

1. Previous records: Application of the Acts and subordinate statutes concerning the acceptance of individuals as a result of inquiry;

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

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

1. The first crime for sentencing on the ground of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (amended by a prosecutor against subparagraph 13 of the seized evidence, but it is difficult to view the seized article as being subject to confiscation, and it does not make a declaration of confiscation) of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of recommended punishment).