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(영문) 서울동부지방법원 2014.10.29 2014고단2792
절도
Text

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

Reasons

Punishment of the crime

[Criminal Power] On March 13, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny in the Seoul Central District Court for a period of two years, which became final and conclusive on March 21, 2014, and is still under suspension of execution.

【Criminal Facts】

1. On August 31, 2014, at around 12:42, 2014, the Defendant carried one ggal lusium 700,000 won of the market value of the victim, who was in the display stand, in the E store operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City.

2. The Defendant carried one gallon S4 smartphone in the market value owned by the victim F, which was located in the display stand, in the date and time stated in the preceding paragraph, and in G stores operated by the victim F, the victim F in the above building, with one gallon in the market value.

3. On September 6, 2014, at around 13:32, 2014, the Defendant carried two ggal lusium 5 smartphones equivalent to 900,000 won at the market price of the victim, who was in the display stand, in I stores operated by the victim H in the above C building.

4. On September 9, 2014, the Defendant went to the K store operated by the injured party J on 10:00 on September 10, 2014, with one of the smart fingers in an area equivalent to 1.60,000 won at the market price owned by the injured party.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Written statements of D and J;

1. Police seizure records;

1. A photograph of a CCTV closure;

1. Previous convictions in judgment: Before disposition, reporting the results of confirmation, and applying Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Second crimes for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the scope of recommending punishment] for the reason of sentencing under Article 38(1)2 and Article 50 of the Criminal Act. The basic area of larceny for general property(the scope of recommending punishment) is the basic area (the range of recommending punishment in June to June) (the scope of general larceny) for general property.

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