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(영문) 수원지방법원 2017.03.15 2017고단297
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant was sentenced to one year of imprisonment with prison labor due to habitual special larceny, etc. at the Cheongju District Court on July 26, 2016, and completed the execution of the sentence in the Seosan District Court of the Red prison on July 26, 2016.

1. On November 2016, the Defendant: (a) in the Osan City Building D, which had been living together with the victim C, and (b) on the part of the victim, “I would pay KRW 600,000,000,000,000 to the victim of the 6S mobile phone from the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

1. He embezzled 50,00 won by receiving 50,000 won from an unclaimed underground shopping mall in Daejeon, and selling it to a person with no name.

2. On January 1, 2017, at around 21:31, 201, the Defendant stolen the said victim with one fOSSIL equivalent to KRW 200,000, the market price of the victim’s ownership on the other cret that the said victim did not work there, and one fOSSIL equivalent to the market price in the cremation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Details of the Stockholm text message prepared by the suspect after committing the crime;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as personal confinement status, copies of written judgments, criminal history, etc.;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 355 (1) of the Criminal Act (a point of embezzlement) and the choice of imprisonment with prison labor, respectively;

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

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

1. Scope of recommendations for the sentencing criteria;

(a) Basic crime - Theft [Scope of recommended punishment] - In the area of aggravated punishment (10 months to 2 years) for general property (general larceny) (one hundred months to 2 years) / In the same species of repeated crime;

B. Concurrent Crimes - The basic area of embezzlement [the scope of recommendations] Type 1 (the amount less than KRW 100 million) (the imprisonment of four months to one year).

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