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(영문) 서울동부지방법원 2018.11.28 2018고단3468

절도

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On October 26, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on November 3, 2018, and the said judgment became final and conclusive on November 3, 2018.

From July 26, 2018, the Defendant has been working for “Esing” operated by the victim D in Songpa-gu Seoul Metropolitan Government as an employee.

On July 28, 2018, the Defendant: (a) while working in a singing room around 07:35 on July 28, 2018; (b) when the victim left the room, and (c) at a credit cooperative under its jurisdiction, he/she takes up one million won check and 2.2 million won in cash, which is owned by the victim.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each photograph;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, (A), text of judgment, and statutes regarding the search of cases;

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

1. The latter part of Article 37 of the Criminal Procedure Act: (a) the reason for sentencing under Article 39(1) has the record of having been sentenced to a punishment for probation in 2014 due to the crime of the same and several methods; (b) the defendant did not receive a letter from the injured party; (c) the defendant is in a single concurrent relationship with the crime of larceny in which judgment became final and conclusive; and (d) the principle of equity with the case of receiving punishment should be taken into account at the same time in relation to the crime of larceny after Article 37 of the Criminal Act; and (e) the sentencing conditions specified in the trial process