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(영문) 서울서부지방법원 2015.08.21 2015고단1622

특수절도

Text

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

Reasons

Punishment of the crime

On September 13, 2012, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at Seoul Southern District Court on January 4, 2014 and completed the execution of the sentence.

On June 17, 2015, the Defendant: (a) around 12:20 on June 17, 2015, at E convenience stores operated by the victim D in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul; (b) asked the employees F, who work as a mixed, whether 2 liters are 70 knicks, and let the employees F, who are in charge of mixing, be asked to be in a cooling place; and (c) the Defendant has 86 knicks worth the total market price of 86,000 knicks worth the total market price of 86,000 knicks.

As a result, the defendant stolen the victim's property jointly with the person who was not the victim of his name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. A criminal report (CCTV investigation related to the crime scene) and a video CD;

1. Previous convictions in judgment: Application of criminal history records, personal identification and confinement status, investigation report (verification report on the date of release of a suspect) Acts and subordinate statutes;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing [the scope of recommending punishment] under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation [the scope of recommending punishment] under Article 55(1)3 (C) of the Criminal Act for the larceny of general property [the scope of punishment] under the aggravated area (6-1 year) (6-1 year) for the larceny of general property] under the aggravated area (6-1 year) [the decision of sentencing] for special larceny (a person under special relationship] only provides for a statutory punishment for special larceny (the decision of sentence]; again, the crime of this case is committed again within the repeated period due to the same criminal record; the crime of the same kind of law is repeatedly committed; the damage is not recovered; considering the fact that the damage amount is relatively large, the sentence shall be determined as per the order.