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(영문) 의정부지방법원 2016.05.20 2016고단650
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On March 27, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the District Court of the Republic of Korea on June 27, 2015, and completed the execution of the sentence in a prison of the Government.

[Criminal facts]

A. On January 3, 2016, the Defendant: (a) at the “I” restaurant located in J on January 12:10, 2016, the Defendant, who is an employee, steals one unit of S4 portable phone from the victim in the gallon juth of the market value of which the victim J set on the front line of the vessel; and (b) at the gallon juth of the market value equivalent to KRW 350,00

B. On February 11, 2016, around 04:00, at the “M” restaurant for the operation of the Victim L in Dongbcheon-si, Dongbcheon-si, the victim steals three out of a total of 2.10,00 won of the market price on which the victim left the Kabter by means of bringing three in the victim.

C. On February 13, 2016, at around 23:00, the victim P, an employee, was stolen by means of taking one MLB cap in an amount equivalent to KRW 80,000 in the market value on the Kabter, where the victim P, who was an employee, was set up on the Kabter;

D. At around 02:00 on February 14, 2016, at the above “Osing room,” the victim Qua was stolen from the victim four victims, including theft of the victim’s 6S mobile phone from 1,280,000 won at the market price on the seat of the air transporter, by bringing the victim’s 6S mobile phone, respectively, in total amount of KRW 1,920,00 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of J, L, P and Q;

1. On-site report (CCTV verification and request for appraisal of oil), investigation report (in respect of genetic results and the re-investigation of suspect's case), appraisal response, gene appraisal report and investigation report (in case of the victim's other suspect's photograph);

1. Photographs from each generated site;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to data related to criminal records of the same type repeated crime), a criminal investigation report (Attachment to the same type of judgment), the current status of custody, and application of each statute of the judgment;

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

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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