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(영문) 서울중앙지방법원 2018.01.11 2017고단7195
절도
Text

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

Reasons

Punishment of the crime

[criminal records] On June 12, 2015, the Defendant was sentenced to two years and six months of imprisonment for habitual larceny at the Seoul Central District Court on July 27, 2016, and completed the execution of the sentence at Anyang Prison.

[Criminal facts]

1. On June 19, 2017, at around 00:27, the Defendant: (a) committed a theft of Samsung Gallon in front of the front door of the building in Gwanak-gu, Seoul Special Metropolitan City; (b) the victim D’s cresh damage caused by the balpulty caused by the balpule to the lower 800,000 won at the lower galpulth of Samsung Gallon.

2. The Defendant, around July 23, 2017, around 03:23, around the 03:23, 2017, in front of the 'F restaurant' simplified aquaculture in Gwanak-gu in Seoul Special Metropolitan City, in front of the victim G’s cresh damage caused by the cresh in the market price by a person suffering from the cresh damage caused by alcohol, 6S one and one credit card.

As a result, the theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each statement of D and G;

1. A report on the generation of a thief, a photograph of CCTV images taken, a report on internal investigation (verification of CCTV images), an extract photograph of CCTV images, or a report on investigation (verification of suspect's escape);

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A), investigation report (verification of the same record as the suspect A), investigation report (verification of the same record as the suspect A), and application of Acts and subordinate statutes by inquiry of confinement information

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense. Article 329 (Selection of Imprisonment)

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

1. A crime of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommendations] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of punishment] Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes of the same kind which does not fall under the aggravated area (1 to 3 years), Article 3 of the Act on the Aggravated Punishment of Crimes (1 to 5 years), Article 3 of the Act on the Aggravated Punishment of Concurrent Crimes of the same kind [the scope of recommendations] Article 2 of the Act on the Aggravated Punishment of Specific Crimes [the scope of punishment] Article 3 of the Act on the Aggravated Punishment of Concurrent Crimes (1 to 3 years), Article 38(1)2 of the Act on the Aggravated Punishment of Specific Crimes: A year to 4 years [the decision of a sentence] unfavorable by the defendant through theft of money and valuables, etc.

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