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(영문) 서울중앙지방법원 2015.03.11 2015고단189
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 3, 2013, the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court for larceny and completed the execution of the sentence on January 21, 2014.

On December 25, 2014, at around 11:08, the Defendant: (a) discovered that the victim C is going away from the train in the 2066 train of Incheon International Airport (hereinafter “Seoul International Airport”) and discovered that the said train arrived at the station, thereby thefting with a bank amounting to KRW 1,450,000 in cash owned by the victim, KRW 4,120, KRW 150,000 in foreign currency, KRW 150,000 in foreign currency, KRW 150,000 in a driver’s license, and KRW 1,50,000 in a drivers’ license.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. Investigation report (to hear statements related to damaged money and goods);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of repeated data);

1. Article 329 of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated crimes [Determination of Punishment] The reason for sentencing under Article 35 of the Criminal Act for the larceny in general property - The area of aggravation [decision on the recommended area] of the same repeated crime [decision on the recommendation area] 1 to 3 years [decision on the punishment area] 1 year [decision on the punishment area] and 1 year [decision on the punishment area] and 1 year (decision on the punishment area, including four times punishment due to the larceny] imprisonment with prison labor for a year (decision on the punishment area; one year was sentenced to imprisonment with prison labor for the larceny crime; one year due to the theft of the same law; one year after the execution of the punishment was completed; the fact that it is difficult to view it as a livelihood crime in light of the circumstances after the crime is committed; whether it is possible to suspend the execution of the punishment as a repeated crime ]

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