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(영문) 서울중앙지방법원 2020.02.18 2019고단5386
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor by larceny, etc. at the Incheon District Court on June 16, 2016 and completed the execution of the sentence at the Incheon Detention House on November 3, 2016.

【Criminal Facts】

"2019 Highest 5386"

1. On June 2, 2019, around June 2, 2019, the Defendant: (a) committed theft with a d'D’ restaurant operated by the victim C in Gwanak-gu in Seoul Special Metropolitan City on June 21, 2019; and (b) with a d'D’ restaurant located in Gwanak-gu in Gwanak-gu in Seoul Special Metropolitan City; (c) with a 4,000 fluor’s market price owned by the

2. Around August 5, 2019, around 14:30 on August 5, 2019, the Defendant stolen the vehicle with a 1,200 won (1,200 won) of the market value, which is the victim owned by the victim F, who was parked in the vehicle loaded on the vehicle run by the victim F, in front of Gwanak-gu, Seoul Special Metropolitan City.

3. On August 6, 2019, the Defendant: (a) around 18:40 on August 6, 2019, at around the “I” restaurant for the operation of the Victim H located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City; (b) at the small-scale box located at the entrance of the restaurant, the Defendant stolen the Defendant with a small-scale 1 soldier with the market value equivalent to KRW 4,000, the victim’s market value.

around 15:00 on August 11, 2019, the Defendant stolen the Victim H in Gwanak-gu in Seoul Special Metropolitan City with 2 soldiers with 8,000 won at the market price of 8,000 won at that place.

around 18:20 on October 24, 2019, the Defendant: (a) cut off the victim H in Gwanak-gu Seoul Special Metropolitan City with one disease in the area equivalent to KRW 4,000 at the market price on the table; (b) around 18:20 on October 24, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect against the defendant;

1. A written statement of C, H and F;

1. Previous convictions: Criminal records, investigation reports (written indictments, written judgments, copies of summary order), and application of Acts and subordinate statutes to the personal confinement status;

1. Article 329 of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] is the larceny general property.

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