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(영문) 서울서부지방법원 2013.04.24 2013고단479
절도
Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for larceny at the Seoul Western District Court on August 16, 201, and the judgment became final and conclusive on the 24th of the same month and is still under probation.

In addition, on April 26, 2010, the defendant received a summary order of KRW 300,000 as a fine for larceny from the same court, and the same year.

9.1. On October 25 of the same year, the same court was sentenced to a suspended sentence of ten months for larceny, etc., and was sentenced to a fine of one million won for larceny in the same court on October 19, 2012, a fine of one million won for larceny in the same court on October 19, 2012, a fine of five hundred thousand won in the same court on November 27 of the same year, and a summary order of one million won in the same court on December 7 of the same year, respectively.

【Criminal Facts】

1. On February 25, 2013, at around 17:45, the Defendant: (a) stolen the victim C with a 1,000 square meters, which was placed on the display stand outside the store by using the gaps in which the victim C’s surveillance was neglected; (b) around 74,000 won, the market price of the victim’s possession, which was located on the display stand outside the store.

2. The Defendant, at around 18:03 on the same day, stolen the victim E with a 30,000 square meter, which was displayed outside the store by taking advantage of the gaps outside the store where surveillance of the victim E was neglected in the same F store.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and C;

1. Police seizure records;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records and results of confirmation before disposition, and report on previous records and confirmation);

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 329 (Options of Imprisonment)

1. The Criminal Act among concurrent crimes, such as the Defendant committed the instant crime during the period of probation, even though he/she was in a depth divided by his/her mistake, although he/she committed the instant crime under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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