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(영문) 서울북부지방법원 2016.09.30 2016고단3413
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 14, 2015, the Defendant was sentenced to one year of imprisonment for habitual larceny at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence in the Jeonju prison on July 31, 2016.

[2] On August 9, 2016, at around 07:09, the Defendant: (a) discovered one bicycle unit at the victim D’s market price of KRW 600,000, which was set up in the fifth floor, and checked up to the 19th floor after getting out of the elevator with no corrective device at the entrance of the Seoul Special Metropolitan City, Nowon-gu apartment house 102; and (b) discovered one bicycle unit at the victim D’s market price of KRW 600,00,00, after getting out of the elevator up to the 19th floor; and (c) cut off the elevator with the stairs and the elevator outside.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. CCTV shot photographs, photographs taken in the middle country, and photographs of seized articles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (formers and confirmations thereof) and three copies of the judgment attached thereto, and the current status of acceptance by each one;

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] / [the reason for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes / [the range of punishment ] / the reason for sentencing of Article 35 of the Criminal Act for general property / [the general larceny] / [10 months to 2 years] / the special aggravation [the person subject to special aggravation] / The sentence / the defendant has the history of having been punished several times for the same crime as well as the fact that the defendant committed the crime of this case in the period of repeated crimes, the defendant must be punished with severe punishment, or the fact that the defendant commits the crime against mistake, the frequency of the crime is limited to one time, and the theft goods have been returned

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