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(영문) 서울중앙지방법원 2018.12.13 2018고단6058
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Power of crime] The Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court on November 30, 2016 and completed the execution of the sentence at Anyang Prison on October 15, 2017.

[2] On May 19, 2018, at around 20:00, the Defendant: (a) took care of the victim’s victim D, a Japanese tourist, in front of the Jung-gu Seoul Special Metropolitan City, and subsequently took care of the victim’s door, and subsequently cut off the victim’s door with a 103,000 won, UN 53,00N, E bank credit card 1, FF credit card, three health insurance cards, three driver’s license cards, one copy of G hotel entry card, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written statements of D;

1. Photographss of damaged articles, victims, and photographs of damaged articles;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, an investigation report (verification of recent previous convictions and the date of final release), summary information of the case, inquiry of case, text of judgment and application of Acts and subordinate statutes on personal confinement;

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

1. The reason for sentencing Article 35 of the Criminal Act of aggravated repeated crimes recognizes the crime of this case and reflects the fact that the defendant's stolen objects were returned to the victim and the victim did not want the punishment of the defendant, or that the defendant has been punished several times prior to the crime of this case, or that the defendant committed the crime of this case again during the repeated crime period due to larceny in the judgment that the defendant committed the same several methods as the crime of this case, and other factors of sentencing as shown in the arguments such as age, sex, environment, family relationship, circumstance and result after the crime are considered, and the punishment is determined as ordered.

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