beta
(영문) 수원지방법원 2015.06.10 2015고단110

절도

Text

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

Reasons

Punishment of the crime

On November 19, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on November 19, 2013, and completed the execution of the sentence on July 1, 2014.

At around 14:30 on September 27, 2014, the Defendant: (a) placed the victim E in the “D” restaurant located in Suwon-si C, Suwon-si; (b) placed the victim E on the table above the restaurant, and used the victim’s cell phone for 50,000 won at the market price owned by the victim.

On November 19, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on November 19, 2013 and completed the execution of the sentence on July 1, 2014.

At around 1:00 on September 29, 2014, the Defendant: (a) at the main point of “H” operated by the Victim G in Suwon-si F, the Defendant: (b) set up a cell phone with 500,000 won of the market price where one of the national credit card owned by the victim, which was placed in a scheme by taking advantage of the gaps in surveillance negligence because the victim was living in the main room; (c) cut off the cell phone.

Summary of Evidence

"2015 Highest 110"

1. Defendant's legal statement;

1. A victim statement of E;

1. Previous records of judgment: Criminal history records, investigation reports (verification of previous records and repeated crimes, etc.);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. Photographs of damaged articles;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (reficiencies, confirmation during trial, etc.);

1. Relevant Articles of the Criminal Act and Articles 329 (Selection of Imprisonment)

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

1. From among concurrent crimes, the first crime for the reason of sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes with Punishment for Victims E, who are heavier than the punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of general property [the scope of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment of punishment