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(영문) 서울서부지방법원 2016.07.01 2015고단2405
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On April 16, 2013, the Defendant was sentenced to imprisonment with prison labor for a night structure intrusion, larceny, etc. at the Seoul Southern District Court, and completed the execution of the sentence in an Ansan Prison on November 4, 2013.

2. Around 12:00 on August 28, 2015, the Defendant: (a) stolen the gap of F, a security team staff member managing the relevant location at “E” store located in Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu)’s “E” store; (b) with 182,600 won of the market price, which was displayed at other sales stand; and (c) with 2 marries and coffees equivalent to 182,600 won of the market price.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Copy or photograph of a receipt;

1. Previous convictions: A reply to inquiries, such as criminal history, an investigation report (fact that the period of repeated crime is in progress), an inquiry about the status of personal identification, and application of reporting Acts and subordinate statutes, reporting the unused criminal records and results thereof;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the punishment of this case] is that the defendant committed the same kind of crime in light of the fact that he/she committed the crime of this case even though he/she committed the crime of this case in the past of the crime in the judgment of the defendant, even though he/she committed the crime of this case while he/she was in the period of repeated crime.

However, the fact that the damaged goods have been returned to the victim shall be considered in favorable circumstances, and the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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