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(영문) 의정부지방법원 2014.02.14 2013고단4648
절도
Text

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

Reasons

Punishment of the crime

On August 13, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for special robbery in Seoul Southern District Court on August 13, 2010, and on April 20, 2013, the Seoul Southern Prison completed the enforcement of the sentence.

On December 25, 2013, at around 14:30, the Defendant: (a) placed an article in the “E” store operated by the victim D on the fourth floor of the building C, Guri-si; (b) placed one of the 980,000, the market price of the victim’s possession, which was displayed there, and stolen the article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. CCTV photographs;

1. Previous records before ruling: Application of inquiry reports, including criminal records, and investigation reports (attached documents, such as written judgments on suspects, and reports on confirmation of the expiration of the term of punishment);

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

1. The defendant needs to be punished in full view of the following facts: (a) the reason for sentencing under Article 35 of the Criminal Act among repeated offenders, as well as the reason for sentencing; (b) the punishment of imprisonment with prison labor for three years for special robbery; and (c) the thief again committed larceny during the repeated period of eight months only after release; (d) the person who stolen clothes from the department store and attempted to exchange stolen clothes from another store following the following day; and (e) the circumstances after the crime were not good; and (e) theft of high-priced clothing from the department store under the same veterinary law before 20 days prior to the instant crime; and (e) the summary order of a fine of three million won is deemed to have been issued.

However, the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, are determined as ordered in consideration of the fact that the defendant's act of confession and reflects the crime, the damaged goods have been temporarily returned to the victim, and other records.

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