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(영문) 서울동부지방법원 2020.10.26 2020고단2938

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 26, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at the Daegu District Court, and was released on March 29, 2019 and the parole period expired on April 30, 2019 during the execution of the sentence.

On August 29, 2020, the Defendant: (a) around 16:00, on the “D” game room managed by the victim C in Gwangjin-gu Seoul Special Metropolitan City, included the gap that there are no other customers in the surrounding area in the “D” game room in a total of five game instruments such as a “non-surbine” game machine, etc., which are opened by both hand, and opened by a method of covering approximately KRW 100,000,000 in cash in it in advance, and then stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A criminal investigation report (to attachCCTV image CDs);

1. Previous records of judgment: Application of criminal history records, investigation reports, and statutes;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

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] thief for general property [Class 2] - General larceny [Special Convicted Persons] - mitigated elements: Living types of increased factors: Offenses of increased factors: Offenses of the same type of repeated offense [the scope of recommending area and recommending punishment] mitigated areas, and four to ten months (general dual persons] of imprisonment with prison labor [the scope of recommending area and recommending punishment] - Mitigation factors: Over serious reflective factors;

3. Determination of sentence: Four months of imprisonment;