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(영문) 서울중앙지방법원 2017.08.31 2017고단3710
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 19, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Central District Court on March 19, 2015 and three years of suspended execution was sentenced to imprisonment with prison labor for a period of one year and six months, and the said judgment became final

1. Around May 23, 2017, the Defendant, who was not the victim’s name, committed a theft by bringing one to the victim’s name in an influence of the market price, which is the ownership of the victim’s name, at around May 23, 2017.

2. Around 20:30 on the same day, the Defendant: (a) stolen the victim C’s twitts equivalent to 19,000 won at the victim’s market price displayed at “E” store operated by the victim C, the victim’s store located in Gangnam-gu Seoul Metropolitan D Underground stores.

3. Around 21:00 on the same day, the Defendant: (a) destroyed the victim F, placed in front of the entrance of “H” operated by the victim F on the first floor of the Gangnam-gu Seoul building G, Seoul; (b) caused a theft of the victim’s market value of KRW 159,000, which is the victim’s possession in front of the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement F, I, and C;

1. Police seizure records;

1. Previous conviction: Application of a written inquiry about criminal history and a written investigation report (the confirmation and report of the period of suspended execution of a defendant);

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime. Article 329 (Selection of Imprisonment);

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. The basic area (from June to June) of the sentencing criteria [the scope of recommended punishment] for the larceny of general property (general larceny) (no person who has any special sentencing factor];

2. The crime of this case, which was determined to be sentenced, is not easy to commit the crime during the period of suspension of the execution, and thus theft of slots, Titrts, and grats, and thus is not easy.

Punishment is inevitable.

However, the defendant is led to confession and reflect, and the damage caused by the crime is great.

shall not be seen.

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