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(영문) 서울중앙지방법원 2014.12.23 2014고단8266
절도
Text

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

Reasons

Punishment of the crime

On June 12, 2013, the Defendant was sentenced to three months of imprisonment for larceny at the Suwon District Court, and completed the execution of the sentence on August 16, 2013.

[200:11 October 23, 2014, the Defendant stolen property worth KRW 83,500,00 in total on five occasions from June 23, 2014 to October 23, 2014, including the following: (a) the victim E, a business owner located in the display stand in the D convenience store located in Dongjak-gu Seoul Metropolitan Government; and (b) the Defendant stolen the property of KRW 1,500,00 in total, on five occasions, as indicated in the list of crimes in the attached Table.

[2014 Highest 9254]

1. On October 4, 2014, at the “G” convenience store located in Dongjak-gu Seoul Metropolitan Government F on October 17, 2014, the Defendant: (a) stolen the Defendant, holding 15,900 won of the market price of the victim H, located in the display stand, with one Twit Ethical 3rd of the face value equivalent to KRW 15,90.

2. On October 10, 2014, around 08:23, the Defendant: (a) at the convenience store as described in the foregoing paragraph 1.1; (b) at the display stand, the Defendant: (c) took a theft of the victim H-owned market value of at least 12,50 won; (d) at the display stand; (e) at the 3rd seat of the Plaintiff.

Summary of Evidence

1. The defendant's legal statement [2014 highest 8266];

1. Each statement to E, I and J;

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

1. Current status of the number or accommodation of each individual;

1. Un disposed of, and a report on the results of verification (2014 highest9254);

1. CCTV photographs and photographs of the accused;

1. The statement of H;

1. Application of Acts and subordinate statutes to investigation reports (Transition of Cumulative Offense of Suspect and Inquiries);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] from January to November of the Criminal Act / [the grounds for sentencing under Article 37 (1) 2 of the Criminal Act / [the scope of recommending punishment] / [the consideration of larceny such as custody, etc., thief, i.e., crime of life, i., i., i.e., no penalty, and i., ii., i.e., i., special mitigation] / the defendant has fully repaid the amount of damage to the victim E of the

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