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(영문) 수원지방법원 2015.12.16 2015고단4113
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to eight months of imprisonment for larceny at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on April 20, 2014.

1. The Defendant, around 02:00 on August 2, 2015, committed the crime of August 2, 2015, followed the victim C, who was under the influence of alcohol in front of the entrance of the central market located in Seo-gu Incheon, Seo-gu, Incheon, at the right time, at the location of the central market in Seo-gu, Seo-gu, Incheon, and subsequently stolen one of Samsung jugno-ri mobile phones of approximately 800,000 won in the market value owned by the victim.

2. On August 3, 2015, around 04:00, the Defendant: (a) discovered and accessed the victim E, who was under the influence of alcohol and was in a mentoring to the body in the middle-gu Incheon, Seo-gu, Incheon at around August 3, 2015; (b) discovered and accessed the victim E, one cellular phone of 200,000 won, the market price of which is 9.60,000 won owned by the victim; (c) one cellular phone of panty of 200,000 won, the market price of which is 9.60,000 won or more; and (d) cut off with the KT Abrid, one vexd, and one ved, receipt, and one 60,000 won or more of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement of C and E;

1. The police seizure record and the list of seizure;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (current status of personal identification and confinement);

1. Relevant Article 329 of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. From among concurrent crimes, the reason for sentencing of the former part of Article 37, Article 38(1)2, the proviso of Article 50 and the proviso of Article 42 of the Criminal Act / [the scope of recommending punishment] Part 1 of the reason for sentencing of Article 38(1)2, Article 50 and the proviso of Article 42 of the Criminal Act / [the scope of general larceny] Part 2 of the aggravation area (10 to 2 years), which does not correspond to the aggravation area (10 to 10 years), the aggravated area (10 to 2 years) of the same repeated crime [the scope of recommending punishment] for general property / the aggravated area (10 to 10 years) for the same type of repeated crime (a special person] which does not correspond to the aggravated offense: October to 3 years.

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