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(영문) 서울북부지방법원 2017.02.02 2016고단5866
절도등
Text

A defendant shall be punished by imprisonment for one year.

The Defendant pays 2,200,000 won to the applicant for a theft. The foregoing shall apply to the applicant for a theft.

Reasons

Punishment of the crime

On November 4, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on September 8, 2016 and completed the execution of the said punishment.

On October 21, 2016, the Defendant: (a) around 12:54 around 12:54, in front of the E operated by the Victim C in Jung-gu Seoul Metropolitan Government D1, the Defendant opened an entrance without a locking the victim’s seat and intruded into the entrance, and then stolen the paper bags containing KRW 220,000,000,00 in cash owned by the victim within the point of occupation of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A photograph of each CCTV course;

1. Previous records: References to inquiries, such as criminal records, investigation reports (reports on the previous decisions and accompanying judgments of other cases), written judgments, and personal inquiry into the expropriation of each individual;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (influence of buildings), Article 329 of the Criminal Act (influence of intention) and the choice of imprisonment with prison labor for the crime;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Standard for sentencing of the grounds for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning the Promotion, etc. of Provisional Execution [the scope of recommending punishment] Where a person intrudes into a place other than an indoor residential space (a person subject to special mitigation) in the mitigated area (from August to January 6), (a person subject to special mitigation] / The same type of punishment as the order shall be determined by comprehensively taking into account the following conditions for sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, conditions before and after the crime, etc.

- Recognizing of crimes and reflectivity

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