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(영문) 서울동부지방법원 2018.10.25 2018고단3100
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On September 25, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for robbery, etc. at the Busan District Court, and completed the execution of the sentence on June 3, 2017 at the smuggling detention house.

[2] On August 16, 2018, the Defendant: (a) up to 07:00 on August 16, 2018, 100 won in cash, which is owned by the victim E, within the wall of the victim’s wall located on his/her face, using a cresh in the Seoul Gwangjin-gu Seoul Special Metropolitan City building and the “D” room located on the first floor of the underground level; and (b) within the wall of the victim’s wall.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. CCTV photographs;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes as a result of screening prisoners;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Review of the sentencing criteria [Scope of the recommended punishment] Where a person intrudes into places other than indoor residential space in the mitigated area (4 months to 10 months) (special mitigation (special mitigation)] of the mitigated area for general property / The same type of repeated crime that does not fall under the aggravated punishment for specific crimes (a repeated crime)

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

In addition, the defendant had the same record of meetings, committed the crime of this case during the period of repeated crime, and not only committed the crime of this case, but also filed a claim for formal trial with a summary order issued due to fraud, etc. even before the crime of this case was committed after the release of the defendant, and is against the fact that the damage amount is not significant

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