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(영문) 서울중앙지방법원 2014.08.21 2014고단3127

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 24, 2014, at around 01:30, the Defendant: (a) committed a theft of KRW 180,000 in cash owned by the victim E, who was a customer, on his own will, had a gap in the two clothes; and (b) had a gap in the toilet in the other victim’s two clothes; and (c) had the victim E, on the part of the other victim’s two clothes, 180,000 in cash located in the other victim’s two clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. An inquiry report, such as a criminal history;

1. A criminal investigation report (verification of suspect's same records);

1. Application of Acts and subordinate statutes to individual confinement and inquiry;

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for sentencing Article 35 of the Criminal Act for repeated crime [Scope of Recommendation] : The mitigated area of punishment (the general larceny in four months to ten months, the "not subject to punishment" as a special mitigation person, and the "same type repeated crime" as a special mitigation person) / [Determination of sentence ] The defendant seems to have a wall upon the withdrawal of alcohol, and in relation thereto, he/she tried to remove incentives in order to prevent the occurrence of the same kind of crime by arranging the main points under the protection of his/her family members, and the victim is not willing to be punished, taking into account the favorable circumstances.

However, even though the Defendant was sentenced to a repeated crime for the same crime, and was sentenced to a fine for the same crime after being punished as a repeated crime, the Defendant again committed the instant crime, and the nature of the crime is very poor in that it was a crime against the descendants of the main point in the operation of the Defendant.

Therefore, it is necessary to be isolated from society for a certain period.

In addition, the sentence is imposed as ordered in consideration of the defendant's age, environment, social relation, etc.