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(영문) 서울북부지방법원 2017.09.27 2017고단3374
절도
Text

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

Reasons

Punishment of the crime

[criminal record] On August 29, 2013, the Defendant was sentenced to a suspended sentence of six months for special larceny at the Seoul Northern District Court (Seoul Northern District Court). On November 28, 2014, the Defendant was sentenced to a suspended sentence of ten months for larceny at the Seoul Northern District Court (Seoul Northern District Court) and the said sentence became final and conclusive on December 5, 2014, and the said suspended sentence became effective. The Seoul Northern District Court released the Defendant on November 30, 2015 during the execution of the sentence and passed on January 5, 2016.

[2] Around August 7, 2017, the Defendant: (a) committed a theft of KRW 122,00,000 in cash, which is the victim’s possession, located in a mobile phone case located adjacent to another victim, in D Bas or forest bath in Seongbuk-gu Seoul Metropolitan Government, around August 7, 2017.

1. Statement by the defendant in court;

1. E statements;

1. A criminal explanatory note;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the date of completion of punishment, etc.);

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (eight months to two years) of the theft of general property (the theft in large scale) (the person who is subject to special sentencing).

3. The fact that the Defendant committed the instant crime even though he/she was punished by a fine on September 10, 2016, following the completion of the execution of imprisonment with prison labor for the same kind of crime as the sentence, and was punished by a repeated crime, and even if he/she was punished by a fine on September 10, 2016 during the said repeated crime, is disadvantageous.

On the other hand, the fact that the amount of damage is minor is favorable.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

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