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(영문) 서울남부지방법원 2015.05.19 2015고단843
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On January 28, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Southern District Court, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on June 20, 2014.

【Criminal Facts】

On September 16:45, 2014, the Defendant discovered the victim C who was married in the front of the 299 Empt, Yangcheon-gu Seoul, Yangcheon-gu, Seoul, about September 16:45, 201, and then accessed the victim with mind to steal the victim’s wall wall.

The Defendant sent 20,00 won to high school students in the past. Our house is a wooden apartment complex 7 complex, and female students cannot get out of the disabled, and it is necessary to verify the face from beesca, together with the victim, to enter a wooden apartment 713 games with the victim, and to confirm it from beesca. In this case, the Defendant came to the female female at the 713 games games, and then it is possible for them to confirm it from beesca. However, the Defendant left the wall to be Na, and if you go to go through, it is confirmed to be going to the guard room. The Defendant got out of beesca, and used the gap in the care of the victim, the victim's possession of cash, 56,00 won, and the merchandise coupon 1, which is the victim's possession, by taking advantage of the difference in the care of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A written statement of victim C;

1. CCTV photographs of a wooden apartment seven complexes;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, amounts of dispositions and confirmation reports on results, and application of Acts and subordinate statutes to the personal identification status;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] is that the amount of damage caused by the same repeated crime (decision of sentencing] that does not fall under the aggravated area (1 to 3 years) of category 3 (1 to 1 year) of the Criminal Act (1 to 3 years) for general property is not significant.

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