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(영문) 서울동부지방법원 2014.07.03 2014고단1297
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On February 19, 2014, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment for larceny from the Suwon District Court’s territorial branch on February 19, 2014, and the judgment became final and conclusive on February 27, 2014, and is currently under suspended sentence.

【Criminal Facts】

1. On March 27, 2014, the Defendant: (a) around 06:15, 2014, thiefed the victim C in the “EPC bank” located in Jung-gu Seoul Metropolitan Government; (b) f5,000 won in cash, which is owned by the victim, by putting the victim’s knife in his/her knife, by taking advantage of the gaps in which the victim C was divingd.

Accordingly, the defendant stolen the victim's property.

2. On April 7, 2014, the Defendant: (a) around 00:56, the victim F was thief in the “HPC bank” located in Gangdong-gu Seoul Metropolitan Government G; (b) followed the victim F on his/her computer books by taking advantage of the gaps that the victim F was locked, thereby leaving KRW 100,000 in cash, the victim’s possession.

Accordingly, the defendant stolen the victim's property.

3. On April 16, 2014, around 12:42, 2014, the Defendant: (a) took part in the “KPC room” located in the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu, and took part in the victim’s wall 100,000 won check, which was the victim’s possession.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement of I and F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the same criminal records and the facts during the suspension of execution);

1. Article 329 of the Criminal Act applicable to the crime;

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

1. The scope of sentence recommended according to the sentencing guidelines (decision of type): thief; thief (decision of the recommended sphere) for general property; thief (decision of the recommended sphere) for the basic area [the scope of sentence for recommendation] from 8 months to 2 years;

2. Determination of sentence:

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