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(영문) 서울북부지방법원 2017.06.14 2017고단1502
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 27, 2015, the Defendant was sentenced to six months of imprisonment for attempted larceny at Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on January 13, 2016.

around 14:07 on October 06, 2017, the Defendant was located in the stairs of the fourth floor of the general structure in Dongdaemun-gu Seoul Metropolitan Government.

discovery of things that are not corrected by the object, and the victim D, which was located therein, shall be removed from the bank.

They go back.

Accordingly, the Defendant stolen the cash 370,000 won, identification card, credit card, wallet, etc. owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on internal investigation (on-site confirmation of the place of occurrence and perusal of surrounding CCTV);

1. Previous convictions in judgment: Results of the search by prisoners, investigation reports (verification of records by theft wife), and application of a copy of judgment Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of imprisonment and punishment for the crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 12 years;

2. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines, and the same type of repeated crime not falling under the aggravated area (10 months to 2 years) of the aggravated area (10 months to 3 years) of the general property (10 months to 4 years).

3. The fact that a repeated crime resulting from the same kind of crime that has been sentenced was committed during the period of repeated crime, the fact that the criminal record was committed in addition to the above repeated crime, the fact that a significant portion of the stolen money was used in the speculative game, and that there is no intent to recover damage is an unfavorable circumstance.

On the other hand, it is favorable that the amount of damage is not significant, and that there is an economic difficulty.

In light of the above circumstances, the punishment shall be determined as ordered by the lower limit of the sentencing criteria, taking into account the conditions of sentencing, such as the defendant's age, gender, and environment.

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