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(영문) 서울서부지방법원 2016.11.18 2016고단2795
절도
Text

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

Reasons

Punishment of the crime

At around 05:50 on September 16, 2016, the Defendant: (a) laid off a 2 line 156-ro 156-ro, Mapo-gu, Seoul, by using the cresh in which the victim C purchases subway tickets; (b) a passport owned by the victim, a 100-ro shielded one (123,785 won in Chinese language) with the victim’s glock; and (c) a flick-ro 1,785 won in the market price, using a flick-ro 100-ro, a flick-ro fl, a flick-ro flop, and a flopphone.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 329 of the Criminal Act;

1. Recommendation and sentence of the sentencing criteria: Imprisonment for a period of eight months to two years (the scope of recommending punishment) for general property, the basic area (eight months to two years) of the theft of general property;

1. Unfavorable circumstances: The defendant has been punished several times for larceny, and the suspended sentence of imprisonment with prison labor for a special robbery has been imposed, but he/she also reaches the crime of this case during the suspended sentence period, and he/she has not been punished by the victim;

1. favorable circumstances: Taking into account all the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., such as the fact that the damage is relatively minor and the considerable part of the damaged goods have been recovered;

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