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(영문) 서울중앙지방법원 2016.08.24 2016고단4456

절도

Text

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

Reasons

Punishment of the crime

1. At around 05:00 on June 12, 2016, the Defendant: (a) laid off the front station of the subway station of the subway station No. 1 in the Jongno-gu Seoul, Jongno-gu, 1:54, the Defendant: (b) laid off one cellphone of “Aphone 6” in the market price equivalent to KRW 990,00,000 in which the victim was her hand by sticking the cre in which the victim was her seated with her seat while drinking; and (c) laid down one cellphone.

2. On June 24, 2016, the Defendant: (a) around 00:24, at each top line platform of the instant subway No. 1, the Defendant 2016: (b) laid down one wallet for a man with a “S6” portable 300,000 won in the market price of KRW 80,000,000 in the face of another victim, where the victim D was seated in a ballon who was under the influence of alcohol and left away from the other victim’s side.

3. On June 25, 2016, at around 06:30, the Defendant: (a) laid down one half of the market price equivalent to KRW 300,000,000 in the gallon 5 in the “gallon 5” and one cash 3,000,000 in the market price, which includes a gallon 3,000,000 won in the market price where the victim E sits in a ballon under the influence of alcohol; and (b) carried one gallon 1,00,000,000 won in the front line of the said subway.

Accordingly, the defendant stolen the victims' property three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of C and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the facts constituting an offense;

1. In light of the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant’s reason for sentencing is subject to multiple criminal punishments including the same kind of crime, the Defendant repeatedly commits the instant crime during the suspended execution period, and the nature of the crime is serious in light of the applicable law and repetition of the crime, it is inevitable to sentence the Defendant to be sentenced.

Provided, That the order shall be made in consideration of the facts against the defendant, the degree of damage, the age, sexual conduct, environment, etc. of the defendant.