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(영문) 광주지방법원 2017.11.24 2016고단4428
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 28, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny in the Gwangju District Court for six months, and the judgment on October 6, 2016 became final and conclusive.

1. On September 2, 2016, the Defendant 2016 Highest 4428, supra: (a) cited and stolen a skin’s “C convenience store” located in Gwangju Mine-gu, with the snow of the victim D (25 tax) from the display stand to the display stand, the Defendant 7,300 won of the market price, which is the victim’s possession, was displayed in the display stand.

2. On September 30, 2016, around 12:50 on September 30, 2016, the Defendant: (a) stolen the Plaintiff’s “Mice Store” with “Mice Store” worth KRW 22,000 of the market price in the display stand of the Plaintiff’s G in Gwangju Mine-gu, by using the gaps in which surveillance by the victim’s G was neglected; and (b) stolen the Plaintiff’s “Mice Trak” with “Mice Trak” worth KRW 22,00.

Summary of Evidence

[Judgment No. 1]

1. Statement of the police suspect interrogation record (Evidence No. 54045 of the punishment of 2016) against the accused;

1. Written statements prepared by D [the facts of the judgment No. 2]

1. Entry of a statement of the police suspect interrogation protocol (Evidence No. 332 of the Criminal Procedure Act, No. 2017) against the defendant;

1. Entry of the written statement prepared by G (prior records of judgment);

1. Application of each provision of a reply to inquiries, such as criminal history, and written judgments;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

1. It is so decided as per Disposition on the grounds of the former part of Article 37, Article 38(1)2 and Article 50 or more of the Criminal Act for the aggravation of concurrent crimes;

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