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(영문) 서울북부지방법원 2017.04.26 2017고단847

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On September 11, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daejeon District Court’s official branch on September 11, 2015, and completed the execution of the sentence at a public prison on September 3, 2016.

[Criminal facts]

1. On March 2, 2017, at around 21:10 on March 2, 2017, the Defendant: (a) cut off a cirth of the body 20,000 won in the market price, which is the victim’s possession on the table, the victim was placed on the table, at a bicycle store called “E” in the operation of the victim D (E) located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

2. On March 3, 2017, around 20:10 on March 3, 2017, the Defendant cited one bicycle set of KRW 200,000 at the market price, which was owned by the victim G in front of the Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. CCTV images;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation report (calculated of the expiration of the term of imprisonment with prison labor of the suspect);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances as the grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime;

- Not only has been punished several times due to theft, etc., but also has the possibility of misunderstanding the crime of this case during the period of repeated crime; recognition and reflect of the crime, and the value of the damaged goods, as much as possible;