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(영문) 서울북부지방법원 2017.05.24 2017고단710
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2017 Highest 710] On February 15, 2017, around 15:05, the Defendant stolen the victim E, which was displayed in Seoul Jung-gu, and D, from the perspective of neglecting monitoring of 1,50,000 won at the victim E, the market price of which is 150,000 won.

[2017 Godan 1104] On February 21, 2017, the Defendant: (a) at the victim G in Jung-gu Seoul, the victim G located in Jung-gu, Seoul, the Defendant stolen it by taking advantage of the difference in the victim’s market price of 13,000 won, which was displayed in front of the above store, the victim’s “H” store operated by the victim G in Jung-gu, Seoul.

Summary of Evidence

1. The defendant's legal statement [2017 senior order 710];

1. E statements;

1. Protocol of seizure and list of seizure [2017 order 1104];

1. G statements;

1. A report and photograph of the investigation;

1. Application of Acts and subordinate statutes to investigation reports (victim G telephone communications);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

2. The scope of the recommended punishment according to the sentencing guidelines for the first crime [the scope of the recommended punishment] ; the scope of the final punishment due to the aggravated punishment for the second crime that has no basic area (six months to one year and six months) (the person subject to special sentencing) (the scope of the recommended punishment] ; the scope of the punishment for the second crime that has no basic area (six months to one year and six months); and the basic area (six months to six months) (one year and six months) (the special person subject to special sentencing) ; six months to two months: June to March;

3. The fact that the amount of damage caused by the determination of sentence is minor, depression, etc., and is hospitalized from March 7, 2017 to the end of March 27, 2017, and is suffering from mental illness on March 31, 2017.

On the other hand, even though the defendant was sentenced to one year's imprisonment with prison labor for the same crime in this court on July 28, 2016, the defendant committed a second offense during the period of suspension of execution, and also committed the same crime on August 23, 2016 during the period of suspension of execution.

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