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(영문) 서울중앙지방법원 2019.10.30 2019고단5978

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Suwon District Court for six months, and on November 3, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Suwon District Court’s Sungnam Branch branch, which became final and conclusive on November 7, 2017, and the sentence of the said suspension was invalidated, and the execution of the said sentence was terminated on September 11, 2018.

On September 7, 2019, at around 01:21, the Defendant discovered the victim B who was divingd around 9:0 subway No. 396, Gangnam-gu, Gangnam-gu, Gangnam-gu, the subway No. 396, and then stolen the documents containing one influence of the market price owned by the victim, one influence of the victim, and one influence of the books.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. B written statements;

1. Photographs of damaged articles;

1. Previous convictions in judgment: An investigation report (Attachment of results of a suspect A search) and application of criminal records-related 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. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types] thief [Type 3] thief [Special Convicted Person] - mitigated element: Living type crime - Aggravation element: Aggravation element: One type of repeated crime [the scope of recommending and recommending punishment] mitigated area, six months to one year [the general person] mitigated element: In cases where considerable damage has been recovered, serious reflection [the grounds for suspending execution] does not exist.

3. Determination of sentence: Four months of imprisonment;