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(영문) 서울동부지방법원 2014.06.03 2014고단1117
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 6, 2014, at around 13:10, the Defendant: (a) was traveling along Seongdong-gu, Songpa-gu, Seoul, Songpa-gu, to the victim C, who is the aged 82 who walked along the road using a pedestrian aid device, and was traveling along the road to the victim C, who is the aged 82 who is the older person, using the pedestrian aid device, and the victim was staying in another place; (b) the Defendant taken up one passbook (Account Number D); (c) one resident registration certificate; and (d) one seal, who was the victim on the side of the said pedestrian aid device.

Accordingly, the defendant stolen the victim's property.

2. The Defendant, at around 14:00 on January 6, 2014, 201, collected and stored agricultural bankbooks, which were stolen as described in the above paragraph (1), and withdrawn KRW 1,00,000,000 in cash owned by the victim, from the cash withdrawal administered by the victim Nonghyup Bank established at the Songpa-gu Seoul, Songpa-gu Seoul, Seoul, Seoul, 284.

From that time to January 6, 2014, the Defendant: (a) withdrawn KRW 1 million from the point of Songpa-dong, Seoul, through the above six methods from that time to January 6, 2014; and (b) stolen KRW 6 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on investigation (CCTV image investigation) and a letter of withdrawal;

1. Application of Acts and subordinate statutes of the specifications of transactions of self-reliance deposits;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Persons who are subject to special mitigation (two to ten months) in the area of special mitigation (two-one month) within the scope of recommending punishment for general property: Offenses punishable by living penalty or not subject to punishment;

2. The scope of final sentence due to the aggravation of multiple offenses: From February to January 13;

3. In light of the fact that the defendant, who has a large number of records of the decision-making process of sentence, once again commits this case, and the fact that the crime was committed against the aged who lacks the ability to judge, etc.

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