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(영문) 서울동부지방법원 2019.08.13 2019고단1881
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

On February 12, 2019, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Seoul Eastern District Court on February 12, 2019 and completed the execution of the sentence at the Seoul East Eastern District Court on May 6, 2019.

Criminal facts

On June 8, 2019: around 12:13, 2019, the Defendant, at C, a company located on the first floor of Songpa-gu Seoul Metropolitan Government Underground Building B, placed approximately 10,900 won in the market price managed by the victim D (Nam, 24 years old), who is a security guard of the location, and 62,250 won in the total market price, including two clothes equivalent to the amount of KRW 7,00 in the market price, 16,000 in the food goods of KRW 7,250, and stolen them.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of damaged items, and photographs of damaged items;

1. nine copies of a CCTV image extract;

1. Previous records: Application of criminal records, etc. and investigation reports (verification as to whether they are the date of release and repeated crimes) Acts and subordinate statutes;

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. Scope of recommending punishment according to the sentencing guidelines (decision of types of punishment), thief group, larceny for general property, and factors to mitigate identical repeated crimes that do not correspond to specific crime Aggravated Punishment: Imprisonment with prison labor for up to one year and six months;

2. Determination of sentence [Incompetence] of the same crime has the record of having been punished several times for the same crime, and in particular, the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are recorded in the records of the crime, and the records of this case are followed.

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