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(영문) 서울중앙지방법원 2020.06.25 2020고단2821

절도

Text

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

Reasons

Punishment of the crime

At around 23:50 on April 7, 2020, the Defendant discovered the victim D in the C Station No. 2 trains located in Mapo-gu Seoul Metropolitan City, and stolen the victim D with one cell phone of “Aphone6,” the market price of the victim’s seat located adjacent to the victim, which is equivalent to KRW 400,000,00,000,000, in cash, and one half wall of the market price equivalent to KRW 100,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to report internal investigation (to hear statements of victims and to verify CCTV images);

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the reasons for sentencing of imprisonment;

1. Scope of recommending punishment according to the sentencing guidelines [Determination of types] thief (type 1] thief for general property, left alone, etc. (special stief] mitigated elements: The area of mitigation of living types [recommended area and recommendation range] mitigated areas, imprisonment with labor for one month or six months;

2. Determination of sentence: A sentence shall be determined as per the order, taking into consideration various sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive, consequence of and health conditions, etc., in consideration of the fact that the criminal records of larceny in May of imprisonment with prison labor are five times, the degree of damage is not significant, and the fact that part of the stolen goods are recovered to the victim is recovered, etc., considering the degree of damage and favorable circumstances.

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