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(영문) 서울동부지방법원 2016.05.25 2016고단347

절도

Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

On May 9, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor in the Seoul Central District Court for larceny, etc. and completed the execution of the sentence in the public prison on June 30, 2015. On January 28, 2016, the Defendant appealed from the Seoul East District Court to eight months of imprisonment with prison labor in the public prison on June 30, 2015, and the same court is pending in the same court.

On September 24, 2015, around 14:20 on September 24, 2015, the Defendant: (a) committed a theft on the front side of Jongno-gu Seoul, Jongno-gu, Seoul; (b) the victim, who was temporarily set up with clothes at the victim D’s clothes shop, with the victim’s market price of 3.50,000 won or more; and (c) the victim, who was

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. A report on occurrence, each internal investigation report, and an investigation report;

1. Previous conviction: Application of Acts and subordinate statutes to the investigation report (attached report), copy of written indictment, copy of the judgment, output of the progress of the case, investigation report (verification report on the date of release from the case), number of persons under consideration and acceptance status of each person;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense. Article 329 (Selection of Punishment of Imprisonment)

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] The reason for the sentencing of Article 35 of the Criminal Act for general property [Article 35] is that the defendant repeats the same kind of repeated crime during the period of repeated crimes, in that the defendant repeats the crime during the period of repeated crimes, and the damage has not been recovered, it is necessary to take into account the balance with the case where the trial is held together with the case where the defendant has been tried, the amount of damage is 350,000 won as a bicycle for the larceny, and the defendant does not repeat the crime again.

It is so decided as per Disposition in consideration of all the sentencing conditions, such as the fact that the defendant is in the same place and age.