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(영문) 서울남부지방법원 2014.03.26 2014고단196
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 11, 2013, the Defendant was sentenced to six months of imprisonment for larceny at the Seoul Central District Court, and on October 28, 2013, the Seoul Detention Center paroleed on the parole on October 28, 2013 and passed on December 6, 2013.

On December 22, 2013, around 01:02, the Defendant: (a) committed a computer game in DPscam located in the fourth floor of the Gangseo-gu Seoul Metropolitan Government building C, and (b) stolen the victim E by taking off cash 100,000 won, which is owned by the victim, and wallets containing credit cards, etc., from the right scam of the victim E, by taking advantage of the gaps of the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure record and list;

1. Previous records: Application of Acts and subordinate statutes to inquiries such as criminal records, etc. and personal identification status;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommending punishment according to the sentencing guidelines [the range of recommending punishment] for the same type of repeated crime (the scope of recommending punishment] which does not correspond to the general larceny (special heavy factors] special circumstances in general property, and for whom October through 2 years are included;

2. The Defendant, who was sentenced to sentence, did not agree with the victim of the instant crime until now, was unable to recover damage, the Defendant had been punished several times for the same crime, and the Defendant again committed the instant crime during the period of repeated crime resulting from the same crime, and there are circumstances unfavorable to the Defendant.

However, there are circumstances favorable to the defendant, such as the fact that the amount of damage caused by the crime of this case is not significant, the defendant led to the confession of the crime of this case, reflects his mistake in depth, and attempts not to repeat such crime again.

The above circumstances and the defendant's age, character and conduct, environment, the motive, means and consequence leading to the crime of this case, and the circumstances after the crime were committed.

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