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(영문) 수원지방법원 성남지원 2015.01.28 2014고단2859
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 23, 2010, the Defendant was sentenced to a suspended sentence of six months for larceny, etc. at the Sungwon District Court's Sungnam branch on December 23, 2010, and the suspended sentence was revoked on December 13, 2012, and the execution of the sentence was terminated at Seongdong-gu District Court on August 7, 2013.

1. On August 10, 2014, the Defendant, around 11:00, posted a 400,000 won (a1416) of the market price in which the victim D was on his/her book at the Escopic office located in Sungnam-si, Sungnam-si, where the victim D had no room in the Escopic office located in the Escopic room, and stolen it.

2. On November 16, 2014, at around 12:30, the Defendant opened and intruded a water plant in the Swater where the victim G in the Jung-gu, Seongbuk-gu, Sungnam-gu works under F, the Defendant: (a) opened and intruded the entrance; (b) laid down one LGG G3 smartphone at that place; (c) one at the victim-owned market price in the SG G3 smartphone at that place; and (d) Samsung Ggal, the market price of which is equivalent to KRW 600,000,000,000, Samsung GG3 Smart-gu; and (d) cut it by inserting the S5 smartphone in the city of Samsung Ggal

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the judgment in the same case), two copies of the judgment, and application of Acts and subordinate statutes concerning personal identification and confinement;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes shall be sentenced to imprisonment in that the accused has committed the instant crime during the period of repeated crimes after the execution of the sentence was completed for the same kind of crime. In determining the specific term of punishment, the sentence identical to the order shall be determined in consideration of the fact that the accused has led to the confession of the crime and has returned all damaged goods, etc.

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