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(영문) 서울중앙지방법원 2017.03.16 2017고단791
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The theft of keys to an object box;

A. On January 24, 2017, around 01:00 to 02:00, the Defendant: (a) stolen the instant letter or two keys (157, 491) in the aggregate of the market prices located on the floor of the E-mail or the fifth floor area managed by the victim D in Seoul Jung-gu, Seoul, with the victim D, located on the floor.

B. At around 10:52 on the same day, the Defendant discovered F in a public resting room on the top of the 10:52 ranked F in the middle and second floor, and stolen F in line with the key of F in the above shot or object box (265 times) where F was worn around, the Defendant laid down the said key corresponding to 10,000 won at the market price.

2. The Defendant, from 10:52 on the same day to 11:29 on the same day, has opened 265 objects and keep cash in custody of the victim F within the 10:70,000 won by using the stolen keys, such as the foregoing 1.-B. The Defendant, from the 10:52 on the same day, to the 11:29 on the same day, using the 1.265 key.

As a result, the theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. A written statement;

1. Each protocol of seizure (the sequence 3 and 15 of the list of evidence);

1. Investigation report (related to verification of CCTV video-recording data);

1. Application of Acts and subordinate statutes to CCTV closures;

1. Article 329 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] The reason for sentencing under Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] (the person who is specially mitigated from April to October) in the mitigation area (the person who is subject to special mitigation] / [the decision of sentence] Defendant was sentenced to suspended sentence of imprisonment with prison labor due to theft, etc. at the same place as the instant case on April 2010, taking into account the fact that the victims were not punished against the Defendant, and the victim’s age, sex, criminal record, criminal record, motive and circumstance of the instant crime, means and result of the instant crime, and the circumstances after the crime

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