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(영문) 서울남부지방법원 2019.09.18 2019고단2156
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On August 21, 2018, the Defendant was sentenced to eight months of imprisonment for larceny at the Seoul Southern District Court (Seoul Southern District Court) and completed the execution of the sentence on February 19, 2019.

around 14:05 on April 19, 2019, the Defendant: (a) at the D convenience store operated by the victim C located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu; (b) using the gaps of the victim’s surveillance negligence, the Defendant stolen the Plaintiff’s 1 bottled the victim’s market price of KRW 2,800 on the part of his clothes, as it was first like the victim’s market price of KRW 2,800.

around 15:26 June 26, 2019, the Defendant stolen the Defendant with a cell phone of an amount equivalent to 450,000 won at the market price, which was owned by the victim F in the street store in Yeongdeungpo-gu Seoul Metropolitan Government E, and a new card, etc. at the market price equivalent to 35,000 won at the market price.

Summary of Evidence

[Attachment of Sales Complex]

1. A statement on criminal records, etc.;

1. Court rulings and confinement records "2019 Highest 2156";

1. Defendant's legal statement;

1. C’s statement;

1. A photograph of a receipt or a victim-faf course: "2019No3418";

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (fieldCCTV image data investigation);

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

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

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Aggravation elements of larceny [Class 1] (A) and (a) (a) of larceny for general property; (b) an aggravated area of the same repeated crime not falling under specific crime Aggravated Punishment (a) (a) of the same kind of repeated crime (aggravated Punishment): 6 months to one year; (c) an aggravated area of the larceny for general property;

B. Aggravation of the Second Crimes (Determination of thief) [Determination of thief] thief for general property / [Class 1] thief for neglected objects, etc. [Special Aggravation] : Aggravating area of the same type of repeated crime [Recommendation Area and Scope of Recommendation Punishment] which does not fall under a specific crime Aggravated Punishment (Cumulative Punishment).

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