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(영문) 서울동부지방법원 2018.05.03 2018고단767
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

(b) The victim R obtained 31,00 won in cash, the victim's possession, and stolen the amount of 700,000 won in the market price, together with one LG smartphone in a size of KRW 700,000,000.

Summary of Evidence

"2018 Highest 767"

1. Statement by the defendant in court;

1. Each police statement made against L/H;

1. The K's statement;

1. Seizure records;

1. A report on investigation (a statement of a victim);

1. CCTV images for crime prevention "2018 Highest 983";

1. Statement by the defendant in court;

1. R's written statement (before judgment);

1. Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (the confirmation of crimes during the period of repeated crimes and reporting of criminal records and attachment of judgment);

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 360 (1), 329, and 347 (1) of the Criminal Act concerning the choice of punishment, and Article 70 (1) 3 of the Act concerning financing business specializing in credit;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. One-year and six-month period (i.e., one-year and six-year period) in the aggravated area (i.e., one-year and six-year period) of Class 1 of the Sentencing (ii) [the scope of the recommended punishment] / [the scope of the punishment] in the aggravated area (i.e., two-year and two-year period) of Class 2 of the Sentencing (general larceny) in the aggravated area (i.e., two-year and two-year period), (ii) in the increased area (i.e., the special aggravated] in the specific crime aggravated area (i., three-year period), [the scope of the recommendation] in the aggravated area (ii) of Category 2 of the Sentencing in the general property (i.e., the general larceny), [the scope of the punishment] in the aggravated area (i., October and two-year period), [the number of special aggravated persons] in the same type of repeated crimes not falling under the aggravated specific crimes (i.e., repeated crimes): the final sentencing range for one year to one year and two years.

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

It is against the fact that each of the crimes of this case was committed because it was not even one month after having been sentenced to imprisonment with prison labor due to the same crime.

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