beta
(영문) 서울북부지방법원 2018.02.07 2017고단5525

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On August 31, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on September 13, 2017, and completed the execution of the sentence at the Seoul Detention Center.

[2] On September 30, 2017, around 02:04, the Defendant: (a) opened a driver’s seat not set up in the DST5 car, the victim C owned at that place; and (b) stolen the victims’ property by the same method three times in the same manner as indicated in the attached list of crimes, on the ground that the Defendant: (c) opened a 150,000 won in cash; and (d) removed the victim’s property in the same manner as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E, F, and C;

1. An investigation report (an amount of damage, a re-verification related to damaged goods, and a correction of damaged goods);

1. Investigation report (the identity of the victim), on-site identification reports, and on-site photographs;

1. Screening pictures by reporting internal accidents (verification of CCTV images at the scene of occurrence), and by capturing CCTVs;

1. Previous records of judgment: Investigation report (verification of repeated offenses, records of prisoners, statement of case transfer, and inquiry of the person subject to investigation) and application of Acts and subordinate statutes as a result of prisoners search;

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

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 18 years;

2. One crime within the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] for the first crime [the scope of the punishment] for the general property [the scope of the punishment] for the second type (or from April to October) for the mitigation area (the person subject to special mitigation] for the second type of the living-type crime [the scope of the recommended punishment] for the general property [the scope of the punishment] for the mitigation area (from April to October) for the second type (the general larceny] for the mitigation area (the special mitigation area] for the third type of the living-type crime for the general property / [the scope of the recommended punishment] for the mitigation area for the second type (or from April to October) for the mitigation area for the second type of the punishment (the special mitigation area] for the general property (the scope of the punishment for the general larceny) for the general property / [the scope of the final sentencing due to the aggravation of the majority of the punishment for the living: April to June 10:

3. Determination of sentence;