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(영문) 인천지방법원 부천지원 2018.03.29 2017고단2929
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From November 12, 2017 to November 25, 2017, the Defendant cut off “AC” of the victim AB operated in Bupyeong-si AB on November 11, 2017, the Defendant 201: (a) committed a theft by taking off the victim-owned tobacco of the amount of KRW 9,000 in the market price owned by the victim, which was displayed in the camera by taking advantage of the gaps of the employee’s surveillance at that place; and (b) by taking off the victim-owned tobacco of KRW 9,000 in total from that time, five times in total from that time to November 25, 2017, as described in the list of crimes in the attached Form.

around 05:29 on November 25, 2017, the Defendant cut off the “AF” of the victim AE operation in Guro-gu Seoul Metropolitan Government on November 25, 2017, the total market price of KRW 13,500 on the victim’s possession, which was displayed in the Kabter by taking advantage of the gap in the surveillance of employees working at the place.

Summary of Evidence

1. Statement by the defendant in court;

1. AG, AB, AH, AI, AJ, and AE written statements;

1. Application of Acts and subordinate statutes to data from CCTV photographs;

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are recognized, and efforts have been made to repay damages to four victims, and the payment of damages to four victims is more favorable.

However, on December 21, 2012, the Defendant was sentenced to suspension of indictment for larceny, and was sentenced to five times from November 2016 to January 2017, and was sentenced to five months from the Incheon District Court sentenced to imprisonment for larceny, and two years from the suspension of execution, the Defendant committed the instant larceny repeatedly during the suspension period.

The same way of the crime was stolen, and it seems that the defendant was already faced with the previous vessel, and the defendant did not repent of the truth after being punished.

Therefore, the defendant shall be sentenced to punishment.

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