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(영문) 서울남부지방법원 2016.11.24 2016고단4422
절도
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Criminal facts

【Criminal Power】 On November 23, 2009, the Defendant was sentenced to a two-year suspended sentence for larceny, etc. at the Seoul Southern District Court on October 23, 2009. On August 31, 2010, the period of the suspended sentence, he was sentenced to seven months of imprisonment for larceny, etc. at the Seoul Southern District Court again on September 8, 2010, and the said sentence became final and conclusive on September 8, 2010, the sentence of the suspended sentence became null and void. Accordingly, on October 24, 201, the execution of the said sentence was completed.

【Criminal Facts of Crimes” around 04:00 on October 207, 2012, the Defendant: (a) cut off 1,00,000 won cashier’s checks, 60,000 won cashier’s checks, 1,000 won cashier’s checks, 1,000 won driver’s license cards, and 1,00 credit cards, etc. on the way near the Gangseo-gu Seoul Metropolitan Government C Apartment Complex 5 Commercial Complex; (b) the Defendant Daned the victim D under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Police seizure records;

1. A certificate of unpaid check;

1. Previous records: Criminal records, investigation reports (Attachment to judgments of the same kind of thief power of a suspect, judgment), and application of Acts and subordinate statutes to personal confinement;

1. Article 329 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] [the basic area of larceny [type 3] : 8 months to 2 years [the person who has been specially punished] as the reason for aggravation (the same type of repeated crime]: one year to 3 years [the decision of sentence]. The reason for the crime of this case, the degree of damage, whether damage has been recovered (the defendant did not use both a check with one million won) (the check shall be deemed to have recovered the amount equivalent to 17 million won after going through the nullification judgment procedure as to all one million checks). The circumstances in which the defendant recognized his mistake and her rehabilitation are completed, and other circumstances in which the defendant's age, character and conduct, family relations, criminal records, circumstances after the crime, etc. are committed, etc.

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