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(영문) 서울남부지방법원 2019.07.17 2019고단2386

절도

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Justice] On November 4, 2016, the Defendant was sentenced to two years and six months of imprisonment for habitual larceny at Seoul High Court on November 4, 2016, and completed the execution of the sentence at the Seoul Detention Center on January 18, 2017.

【Criminal Facts】

On February 13, 2019, at around 20:10 on February 20, 2019, the Defendant: (a) committed a theft by putting the gap in the victim’s management neglect at the “E store” near CJ No. 3 North Korea, Gangnam-gu, Seoul; and (b) putting the victim’s cresh at the market price of 20,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Before ruling: Criminal history records, inquiry reports, search of court cases, court rulings, the current status of confinement for individuals, and the application of Acts and subordinate statutes;

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

1. The punishment as ordered shall be determined in full view of all the circumstances, such as the defendant's act of committing a crime during the period of repeated crime under Article 35 of the Criminal Act among repeated crimes; the defendant's act of committing a crime is recognized and reflects it; the degree of damage is minor and the damaged goods are immediately returned; and other circumstances, such as the defendant's age, character and behavior, family environment, health conditions, etc.