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(영문) 서울서부지방법원 2019.02.13 2019고정4

절도

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On August 31, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Western District Court for a crime such as obstruction of business, etc., and the said judgment became final and conclusive on February 1, 2019.

At around 04:20 on April 21, 2018, the Defendant cut off the victim C's 'D convenience points' of the Mapo-gu Seoul Mapo-gu Seoul, by taking out the victim's 1,400 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. 112 reported case handling table;

1. A criminal investigation report (CCTV image verification);

1. Previous convictions indicated in judgment: Criminal records and investigation reports (the attached report, such as a separate indictment, etc.), and application of Acts and subordinate statutes governing facts to this court;

1. Relevant Article 329 of the Criminal Act and Selection of Punishment for the Crime. Article 329 (Selection of Fine)

1. The latter part of Article 37 and Article 39(1) of the Criminal Act exempt from concurrent crimes and punishment [In light of the crime of obstruction, etc. of business in the judgment, which became final and conclusive, and the crime of this case, the contents, timing, value of stolen goods, etc., even if the crime of this case and the crime of this case are judged at the same time, it is deemed that even if the crime of this case are judged at the same time, the punishment against the defendant should not be imposed more aggravated than the sentence above, so