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(영문) 서울남부지방법원 2019.05.27 2019고단1791
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

【Criminal Power】 On April 6, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Busan District Court, and completed the execution of the sentence on October 24, 2018.

【Criminal Facts of Crimes” around 05:00 on December 12, 2018, the Defendant: (a) at the waiting room for the inmates released from the port correctional institution located in 1001 in the north-gu, Northern Sea; (b) at that port, the victim B laid the envelope on his/her own seat and laid down the envelope in which he/she has been equipped with his/her clothes; and (c) he/she laid the envelope of the above custody; and (d) he/she laid the envelope of the above custody; and (c) upon examining the snow of the correctional officer and the victim, 50,000 won in cash from the plastic bag of the custody custody, he/she stolen it by taking it into the Defendant’s possession machine.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (Analysis and attachment ofCCTV image data);

1. Previous records of judgment: Application of criminal records, investigation reports (verification of repeated crimes, etc.) and Acts and subordinate statutes;

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders: (a) committed another crime during the period of repeated crimes even though the same criminal records, including the record of criminal records in the judgment, were several times; (b) the Defendant was sentenced to imprisonment with prison labor for larceny under the former part of Article 37 of the Criminal Act and under trial at the appellate court on March 28, 2019; and (c) barring any special circumstance, it appears that the Defendant would be subject to trial concurrently with the appellate court in the instant case; (d) the Defendant’s age, career, financial status, health status, family relationship, etc. are favorable or unfavorable to the Defendant as shown in the arguments, such as the age, career, and family relation of the Defendant.

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