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(영문) 서울남부지방법원 2015.10.07 2015고단3046
절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal career] On June 27, 2013, the Defendant was sentenced by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes. On April 8, 2014, the Defendant completed the execution of the sentence in the Gansung Vocational Training

【Criminal Facts】

1. On November 26, 2014, around 23:32, the Defendant discovered the victim C who was under influence of alcohol at the upper day of the Gocheon-ro 28-ro subway 5 subway lines in Gangseo-gu, Gangseo-gu, Seoul, and at the Macheon-do river platform, found the victim C, who was under influence of alcohol, and cut off a 800,000 won of the market price owned by the victim, which includes 80,000 won of Aphone 4 mobile phones and 200,000 won of the market price, including one credit card.

2. On July 9, 2015, at around 23:59, the Defendant discovered the victim D who was under influence of alcohol at the upper day of the 267 subway station 5 subway station, and on the Macheon river platform, and found the victim D who was under influence of alcohol at the airport of Gangseo-gu Seoul, Gangseo-gu, Seoul, with one smartphone corresponding to KRW 1,000,000, the market value of the victim’s owned by the victim who was in his/her hand, was stolen.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written statements of victims;

1. CCTV images, such as photographs of a criminal investigation report (related to tracking of a suspect) and caps and a scene of crime;

1. A report on internal investigation (the extraction and analysis of CCTVs at the scene of occurrence, and related to CDs) and CCTV images, such as a caps photo and a scene of crime;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (crimes during the repeated period)-related Acts and subordinate statutes;

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

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

1. From among concurrent offenders, crimes No. 1 [Scope of Recommendation] for the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act and crimes No. 1 [Scope of Recommendation] for the reason of sentencing under Article 38(1)2 and Article 50 of the Criminal Act, the aggravated area (1 to 3 years) for the theft of general property (1 to 3 years) (2) for the same repeated offense.

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