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(영문) 서울서부지방법원 2018.10.23 2018고단2885
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

1. On August 15, 2018, at around 01:00 on August 15, 2018, the Defendant: (a) discovered a theft with one cell phone of a opon X (B) mobile phone; and (b) one cell phone case of a mobile phone of an amount equivalent to KRW 1,200,000 in the market price located adjacent to the victim, approaching the events at the children’s park located adjacent to the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Area, on August 15, 2018.

2. On August 15, 2018, the Defendant committed a crime around 03:00, around August 15, 2018, on the front of the Grand Forest Children Park located in Yeongdeungpo-gu Seoul Metropolitan City, the Defendant: (a) accessed the victim C to report to the victim C; and (b) cut off the victim; and (c) cut off the victim’s 1,200,000 Won in Samsung Galle-gu, the market price of which is equivalent to KRW 1,20,00,000 in Samsung Galle-gu, a transparent diesel cell phone case; (d) one, a cash mobile phone case; (e) one, one resident registration certificate; and (e) one credit card.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of the police statement protocol with respect to B and C’s written statement

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 329 of the Criminal Act;

1. Aggravation of concurrent crimes: Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a victim C with a heavier penalty of larceny);

1. The scope of punishment by law: Imprisonment with prison labor for not more than nine years;

2. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: Each type of larceny [decision on the types] three types (the thief) (the thief) and no person who is subject to special sentencing] (the territory of recommendation and the scope of punishment). The basic area of the thief (the scope of recommendation and recommendation), six months to one year and six months;

(b) The standards for handling multiple crimes: Six months from six months to two years of imprisonment (the lowest limit shall be six months, which is the lowest limit of the scope of sentence for basic crimes, and the upper limit shall be one year and six months, which is the upper limit of the scope of sentence for concurrent crimes, plus nine months, which is the lower limit of the scope of sentence for basic crimes).

3. Determination of sentence: Damage by imprisonment with prison labor for ten months (for favorable circumstances).

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