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(영문) 서울동부지방법원 2019.09.02 2019고단2233
절도
Text

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

Reasons

Punishment of the crime

On August 16, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Eastern District Court on September 12, 2018 and completed the execution of the said punishment.

On July 1, 2019, the Defendant, at around 00:12, at the entrance of the 216 children's post-park in Gwangjin-gu, Seoul Special Metropolitan City, 216 children's park, cut off the amount equivalent to KRW 1,200,00 in the market price of the victim B, equivalent to KRW 250,00 in the key tending and key tending, KRW 250,00 in the market price, KRW 60,00 in the Gaogle, KRW 9,00 in the market price of the Gaogle, and KRW 50,00 in the market price of the victim's money and valuables owned by the victim, including KRW 2,19,00 in the aggregate of the market price of the Gao Park.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Police seizure records;

1. Previous records: Criminal history records, inquiry reports, and the application of Acts and subordinate statutes on personal confinement status;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: One month to twelve years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types] thief [type 3] thief [special salvists] - mitigated factors: Living types of repeated crimes of the same kind of crime [the scope of recommending area and recommending punishment] - 6 months to one year [the general salvists] - mitigated factors: In cases where considerable damage has been recovered, serious radius;

3. Determination of sentence: Eight months of imprisonment;

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