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(영문) 서울중앙지방법원 2013.11.14 2013고단3790
절도
Text

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

Reasons

Punishment of the crime

On July 6, 1979, the defendant was sentenced to a maximum of 8 months of imprisonment with prison labor for special larceny at the Seoul Central District Court on December 15, 1982; one year and six months of imprisonment with prison labor for special larceny at the Incheon District Court on December 5, 1982; two years of imprisonment with prison labor at the Incheon Central District Court on July 6, 198; one year and six months of imprisonment with prison labor for special larceny at the Seoul Central District Court on July 6, 198; one year and six months of August 11, 1992; one year and six months of imprisonment with prison labor at the Incheon District Court on November 11, 198; and one year and six months of imprisonment with prison labor for special larceny at the Incheon District Court on November 29, 201; and on October 29, 2011, the defendant appears to be written in the indictment as a clerical error on December 16, 2011".

On July 18, 2012, the judgment became final and conclusive, and the Suwon District Court sentenced 8 months of imprisonment and fine of 5 million won to the violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in Incheon Detention Center on October 14, 2012.

On June 25, 2013, the Defendant: (a) on June 25, 2013, when the train was getting on and off the 261 electric train of the East Incheon Eastern Incheon, the Defendant: (b) went through the Incheon East Eastern Station; (c) while under the influence of alcohol, the Defendant: (d) cut off one cellular phone (LG options 2) with verification-type cell phone (LG options) equivalent to KRW 500,000, the market price of the victim’s possession, which was located above the victim’s right seat; and (d) cut off.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Police suspect interrogation protocol of the accused;

1. The written statement of the defendant;

1. Police seizure records;

1. An investigation report (to hear statements from the counter party to the Railroad Security Guards;

1. Previous convictions: Criminal records and investigation records, attachment of copies of written judgments, each investigation report (verification of the date of release from custody), application of Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. The Criminal Act among repeated crimes;

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