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(영문) 서울남부지방법원 2014.02.14 2014고단51
절도
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 16, 2013, at around 06:00, the Defendant stolen the ggal lusium 2 smartphone (600,000,000 won at the market price) owned by the victim in a gal lusium for the use of the gal lusium that the victim D (50 years of age) set up in the gal lusium male room in Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 329 of the Criminal Act applicable to the crime;

1. On June 28, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Western District Court on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act, and was sentenced to probation and community service on July 6, 2013, and again committed the instant crime even during the period of suspension of execution, even though the judgment became final and conclusive on July 6, 2013.

In addition, the defendant has more than five times the same thief criminal records.

On the other hand, the victim immediately recovered the damaged article and was not punished for the defendant, and the stolen article is only one mobile phone, and the defendant shall be sentenced to the same punishment as the order by comprehensively taking into account the circumstances leading up to the crime of this case, the method of the crime, the circumstances after the crime, and the criminal record relation.

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