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(영문) 서울남부지방법원 2018.08.17 2018고단2211
절도
Text

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 3, 2017, the Defendant was sentenced to five months of imprisonment with prison labor for larceny in the Daejeon District Court’s astronomical Branch, and completed the execution of the sentence on March 3, 2018.

【Criminal facts】 [Attachment 2018 Highest 2211]

1. On April 24, 2018, the Defendant: (a) opened a door-to-door 36 Doo-ro 25 Doo-ro 25 Doo-ro on April 24, 2018; and (b) taken 10,000 won in cash when the Defendant received a door-to-door Doo-car Doo-si 36 Doo-ro 25 Doo-si Doo-si without opening

In other words, they stolen them.

2. The Defendant, at around 01:35 April 29, 2018, on the street in front of the Felher in Guro-gu Seoul Metropolitan Government, shall collect from the Defendant the victim G a set of the top door of the H low-speed car parked in and received by the victim G without opening a door, and at least 40,000 won in cash contained therein.

In other words, they stolen them.

[2018 Highest 2854] On April 25, 2018, the Defendant: (a) opened a door to the driver’s seat of K-si parked in Korea without opening the door of the victim J; and (b) cut off cash of KRW 30,000 (one thousand five hundred, one hundred five hundred five hundred-one-one-one-one five hundred-one-one fifty-one-one-one-one hundred-one-one-one-one hundred-one-one) and within the receipt box of the said tradition; (c) taken place in cash of KRW 30,000 (one thousand-one thousand-one, twenty-one-one hundred-one five thousand-one-one and five thousand-one-one-one).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of G, C, and J;

1. Records of the judgment: Application of Acts and subordinate statutes to inquiries about criminal history, copies of the judgment, and current status of personal confinement (referring to evidence records 2211 in the ancient Order 2018);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant committed the instant crime during the period of repeated crime due to the same crime, for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes.

On the other hand, the Defendant committed the instant crime to raise living expenses due to poor circumstances, and the amount of theft is not significant.

In light of these circumstances, the conditions of sentencing stipulated in Article 51 of the Criminal Code are considered.

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