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(영문) 서울서부지방법원 2018.05.29 2018고단1105
절도
Text

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

Reasons

Punishment of the crime

[Criminal history] On December 20, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Western court, and completed the execution of the sentence on June 16, 2017.

[Criminal facts]

1. On February 20, 2018, at around 13:40, the Defendant: (a) opened a front door of the freight truck owned by the victim C while parked without a correction device in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (b) boomed and stolen the market price of KRW 50,000,000, including one LG mobile phone and one cash 25,000, the market price owned by the victim.

2. On March 13, 2018, at around 15:00, the Defendant: (a) opened the back 2 chemical strings of Gpoter 2, the victim F owned by the Defendant and parked on the alley side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with no locking device; (b) cited and stolen the wall containing KRW 130,000 in cash owned by the victim and three copies of credit cards.

3. On March 21, 2018, around 19:40, the Defendant: (a) opened a top door of the JK3 car owned by the victim I while parked in front of the Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with no corrective device set aside; (b) cited and stolen a bank that contains the amount of KRW 2,500,000 at the market price owned by the victim; and (c) the amount of KRW 2,50,000 at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written statement of C and F;

1. A protocol of seizure and a list of seizure;

1. Reports on each occurrence (thief), reports on internal investigation (related to CCTV recording data in an existing place), investigation reports (related to the suspect's leisure);

1. On-site photographs;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the date of release of a suspect A, and attachment of related case rulings) and application of Acts and subordinate statutes on personal confinement;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

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

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

1. Scope of sentencing recommended according to the sentencing criteria;

A. Statement 1 and 2 of the facts constituting the crime in its holding.

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