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(영문) 인천지방법원 2017.02.02 2016고단8354
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 19, 2015, the Defendant was sentenced to two years of imprisonment for habitual larceny at the Seoul High Court (Seoul High Court) and completed the execution of the said sentence on September 24, 2016.

1. The Defendant, at around 14:40 on November 8, 2016, in the “D” store located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, Seoul underground shopping mall C Dong 61, taking advantage of the gap in which the victim E’s clothes were neglected due care, 30,000 won in cash owned by the victim within the shopping bags located in the above store floor, one credit card, and one identification card, within the market price in which one identification card is located.

L. A. L. theft was committed.

2. On November 14, 2016, the Defendant: (a) at the import clothes discount store located under FF shopping G-1, and 2 in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon; (b) using a gap in which the victim G was neglected due care in his/her clothes, the Defendant stolen the Defendant with one (100,000 won of cash owned by the victim, one national card, one modern card, one cellular phone, one (250,000 won of the market value; and (c) one (4) the market value of which is equivalent to KRW 30,000 of the market value of KRW 90,000,000,000 of the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A photograph of a DNA CCTV course;

1. Photographss by capturing CCTVs at a discount on imported clothes;

1. Investigation report (verification and addition of the market price of damaged G products);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (period of repeated crime, and confirmation of the same criminal record);

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

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

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

1. Crimes of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending] Class 1 of the Act on the Aggravated Punishment of Concurrent Crimes. Two types of crimes (general larceny) in the mitigation area (4 to 10 months) (special mitigation) in the mitigation area (4 to 10 months), and crimes of living type / crimes of the same kind of repeated crime not falling under the aggravation of specific crimes (special aggravation) [the scope of recommending punishment] crimes of the same kind of crime [the scope of recommending punishment] mitigation area of the mitigation area (4 to 10 months) in general property.

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