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(영문) 서울남부지방법원 2016.08.12 2016고단2352
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 00:55 on May 24, 2016, the Defendant found out that the victim E was accompanied by the key of the clothes 5th floor soup room in Guro-gu Seoul Metropolitan Government, and found the key, and took up KRW 400,000 in cash on the wall of the victim who was outside the 6th floor of the 6th floor bed, and then taken up the 40,000 in cash on the wall of the victim who was outside the 6th floor of the 6th floor bed.

L. A. L. theft was committed.

In addition, the Defendant stolen money and valuables worth KRW 3,386,00,000 in total from May 2, 2015 to May 24, 2016 through the above six times, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to F and G;

1. Each statement of E, H and I;

1. Investigative report (Analysis of DNA CCTV images), CDs in which a suspect wears CCTV images recorded to commit a crime and stores photographs, and CCTV video data;

1. Application of relevant statutes to each protocol of seizure and list of seized articles, photographs of seized articles (gallon, etc.);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First crime (Scope of recommending punishment) : Two types of larceny for general property (general larceny) (one to one year and six months) basic area (one year and six months) / None of any special sentencing factors);

B. Class 2 (Scope of Recommendation) Crimes (Larceny) (Scope of thief) thief for general property, the basic area (six months to one year and six months) / None of special sentencing factors)

(c) The scope of final sentence due to the aggravation of multiple offenses, for which no basic area (six months to one year and six months) (special sentencing person) exists for the theft of general property of Type 2 (general larceny) (the scope of recommending punishment): Six months to two years;

2. The fact that the defendant who was sentenced to punishment repeatedly commits the larceny of the same law in the same place for a relatively long time, the amount of damage is not so much, the frequency of the crime is not more than six times, and the defendant is twice the same crime.

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