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(영문) 인천지방법원 2016.07.21 2016고단3306

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 14, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on July 15, 2015, and the judgment became final and conclusive on July 15, 2015. On August 27, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the same court and became final and conclusive on November 20, 2015.

On July 2, 2013, the Defendant: (a) around 18:00, the 21 Northwest-ro, Seo-gu, Incheon Seo-gu, Seo-gu, Incheon, Seo-gu, 21 Northwest-do; (b) the victim B, having a right to teaching materials in English amounting to KRW 1,00,000,000, the market price of the victim’s ownership on his book owned by another victim B, which is equivalent to KRW 1,00,000,000,000,000 won.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Previous convictions: References to inquiries, reports on investigation (final convictions of suspects or above) and the application of respective Acts and subordinate statutes attached thereto;

1. Article 329 of the Criminal Act concerning the crime;

1. Each process of concurrent crimes, the latter part of Article 37 of the Criminal Act, but each special larceny, etc. of the first head of the judgment that became final and conclusive on the grounds of sentencing each of the above crimes and each of the special larceny, etc. of Article 39(1) (the first head of the judgment in which each of the above crimes and the first head of the judgment became final and conclusive) is in the relationship of concurrent crimes after Article 37 of the Criminal Act, and the defendant has committed the crime of this case at the latest, despite the past record of the same crime, it is difficult for the defendant to take into account such circumstances as the defendant's age, sex, occupation, environment, family relation, etc., that it is difficult to agree with the victim or deposit the damaged amount to the victim, making efforts to recover the damage of the victim, etc.