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(영문) 서울서부지방법원 2020.01.09 2019고단2479

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

[2019 Highest 2479] On February 8, 2019, the Defendant stolen the victim’s cash owned by the victim with a 45,000 won and a mobile phone with a 350,00 won amounting to 3.50,00 won in the market price, using the gaps in which the victim D had been neglected due care while putting the new wall map, and using the cresh in which the victim D had been holding the victim’s cash located at the cench, one cellular phone with a 45,00 won amounting to 3.50,00 won in the market price.

[2019 Highest 4053] On November 13, 2019, the Defendant stolen the victim’s resident registration, etc., and credit cards (Froart, our card, KEB card, KB card, Samsung, and lot card) 6 and KRW 300,000,000 of the market price, which contain about 10,00 won in cash, using the Franchis shop outdoor table in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with a string of the locked space.

Summary of Evidence

[2019 Highest 2479]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Images of each CCTV closure and investigation report (related to the attachment of image data on the suspect's criminal scene);

1. Defendant's legal statement;

1. G statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation of the place of offense and the appearance of the person concerned);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 329 of the Criminal Act;

1. Aggravation of concurrent crimes: Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than nine years;

2. Application of the sentencing criteria [Determination of types] thieves: thieves against general property (a thieves against thieves, etc.) and there is no person [a person specially punished] (a person recommended field and the scope of recommending punishment] basic area; 4 months to 8 months [a person who commits multiple offenses]; and 4 months to 4 years; and 1 years.

3. Determination of sentence: in six months of imprisonment [limited circumstances] and the scale of damage is not large, part of damage is temporarily returned.