beta
(영문) 서울북부지방법원 2016.02.17 2015고단3235

절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On March 20, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence at the Sungdong Detention House on September 15, 2014. On June 18, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for attempted larceny at the Seoul Northern District Court, and the said judgment became final and conclusive on November 9, 2015.

[2] On June 15, 2015, at around 21:20, the Defendant discovered the victim C, who was divingd by drinking from the subway station platform of subway No. 1, subway No. 341, the subway No. 1, Seoul Special Metropolitan City, Nowon-gu, at around 21:20, and discovered one half of the market price of the victim’s possession in which the victim was living in his/her finger, and deducted him/her from his/her market price.

In addition, they stolen them.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against C;

1. Reports on internal investigation and investigation reports (the list Nos. 2, 6, 9, 10, 19 of evidence), CCTV editing photographs;

1. Previous convictions in judgment: Application of a reply to inquiry of the accused, a criminal investigation report (related to a criminal suspect A's previous convictions of the accused), each written judgment, inquiry into the case, and the number and acceptance status of each

1. Article 329 of the Criminal Act applicable to the crimes;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the reason for sentencing under Article 39 (1) of the same Act;

1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and

2. Sentencing Criteria: The defendant, who was sentenced to punishment for the crime of larceny of the same kind of similar law on March, 2009, committed the crime of this case again even though he had been punished for the repeated crime, taking full account of each evidence in the judgment, even though the facts charged of this case can be acknowledged (the victim's statement in the court and investigation agency and the investigation report on CCTV inside the subway station). According to each of the evidence in the judgment, the victim diversed out in the subway and reported immediately on the locking that the victim dives knife knife knife knife knife knife knife knife knif