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(영문) 서울중앙지방법원 2020.05.27 2020고단2245
절도
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay KRW 1,200,000 to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

On June 26, 2019, the Defendant sentenced 8 months to larceny at the Seoul Central District Court (Seoul Central District Court). On January 19, 2020, the Defendant completed the execution of the sentence at the Gesung Vocational Training Correctional Institution.

At around 23:41 on March 10, 2020, the Defendant: (a) discovered one cell phone of 120,000 won in the market value of the victim owned by the victim, which is far away from the victim’s right side floor, from the 2-2 column of the inner line that arrives at the Consolidated Station of Seoul subway No. 2; and (b) cut off by putting the victim into the right side machine of the Defendant by putting the gap that the victim is diving.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of victim B;

1. Each internal investigation report (including accompanying documents) and each investigation report (including accompanying documents, such as CDs);

1. Each photograph;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (in cases of individual confinement - confirmation during the period of repeated crime), personal confinement status, investigation reports (in cases of criminal records of the same kind of suspect), application of each statute of judgment;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 25 (1) 1, 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. Scope of applicable sentences under law: One month to twelve years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief [Type 3] thief [Special Convictd Person] stief (Special Aggravationd Person] : Reduction element of factors to increase livelihood: In the area of mitigation of punishment for the same repeated crime not falling under specific crime Aggravated Punishment (Scope of Recommendation and Recommendation), imprisonment for six months through one year;

3. Determination of sentence: Punishment shown in the trial process of this case, such as the age, character and conduct, family relationship, living environment, motive and means of a crime, and circumstances after a crime, for one year following imprisonment.

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