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(영문) 서울북부지방법원 2016.08.31 2016고단2232
절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On September 17, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Seoul Northern District Court, and completed the execution of the sentence at the Sungdong Detention House on December 31, 2015.

[2016 Highest 2232]

1. A theft against the victim C around April 23, 2016: (a) around 05:07, the Defendant stolen the victim’s 1st floor calculation unit of the E Game site, working for the victim C in Mapo-gu Seoul Metropolitan Government, by taking advantage of the difference in the location of the business site, which is equivalent to KRW 790,00,000, the market price of the other victim’s ownership. (b) On April 24, 2016, the Defendant stolen the victim’s thalone mobile phone at S7 mobile phone when the victim’s gallethm of Samsung, which is equivalent to KRW 790,00,00, which is the market price of the other victim’s ownership. (c) At around 03:00, the Defendant stolen the victim’s galthm of the victim’s 1,000,000, which was in possession of the victim’s galth of the Seoul Metropolitan Government (Seoul Metropolitan Government’s galone.).

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report on the date of release of the suspect and the record of the crime), investigation report (verification of the period of repeated crime), and personal confinement status;

1. The defendant's legal statement [2016 order 2232];

1. Each police statement made to F and C;

1. Photographs of damaged articles;

1. Report on investigation, confirmation of fingerprint identity of the larceny case;

1. A investigation report (or CCTV on-site for a victim);

1. The K's statement;

1. Application of investigation reports (Recovery of damaged articles and transfer of victims), written confirmation of acceptance of damaged articles, and application of Acts and subordinate statutes of photograph of damaged articles;

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

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

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 scope of applicable sentences under law: Imprisonment with labor for one month to 18 years.

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