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(영문) 서울서부지방법원 2016.12.27 2016고단2986
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On October 2, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on May 30, 2015, and completed the execution of the sentence at the Seoul Detention Center.

【Criminal Facts】

On July 29, 2016, the Defendant: (a) around 04:00, on the front of the E-road located in Eunpyeong-gu Seoul Metropolitan Government, operated on the front of the E-road in Eunpyeong-gu, Seoul; (b) the victim G, who was drunk, was on board the F-business taxi; and (c) the Defendant was operated on the front of the 295 Am

The Defendant: (a) while under the influence of alcohol, the Defendant: (b) concealed the smartphone owned by the victim that fells on the floor in Soviet 7 so far as the victim’s market price of the 924,000 won owned by the victim was drunk; (c) opened the back seat of the flap on the floor; (d) opened the back seat of the flap that the victim gets on board after arrival at the destination; (c) opened the back seat of the flap of the flap on the flap; and (d) opened the 30,000 won in cash on the wall of the flap of the flap of the flap, the flap of the flap; and (d) moved the flap to the flap.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Domestic investigation reports (as regards ctv analysis at the point of taxi getting on and off a taxi, specifying suspects);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports (A), criminal records, repeated crimes, attachment of judgment, and persons at the expiration of term of punishment);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] The reason for the sentencing of Article 35 of the Criminal Act [the scope of recommending punishment] for general property Type 2 (General Larceny) and the mitigation area (4-10 months) (special mitigation)] [the person subject to special mitigation]] / The same repeated crime (decision of sentence] is in the same same repeated crime as that of the judgment, and the victim has the ability to punish for larceny several times.

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