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(영문) 서울중앙지방법원 2015.11.04 2015고단5219
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On June 11, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court, and the execution of the sentence was terminated on April 18, 2014 at the horizontal Housing Site of Suwon House.

【Criminal Facts】

On August 22, 2015, at the E convenience store managed by the victim D in Jung-gu Seoul Metropolitan Government on August 11:56, 2015, the Defendant stolen the sum of KRW 140,000 in cash, including KRW 20,000, 40, 150, 100, 100, 100,000, which is located in the treasury, by taking advantage of the gaps in which the victim’s surveillance was neglected.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. CCTV image data and photographs of the accused;

1. Investigation reports (related to damaged goods);

1. Previous records: Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes as a result of prisoners search;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated crimes, is that the Defendant, who committed the instant crime, is in the period of repeated crimes resulting from the same thief crime as the instant crime, and the criminal liability is heavy.

However, the defendant reflects his mistake, the degree of damage is not significant, and the immediate recovery is favorable.

In addition, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, motive and means of the crime, and circumstances after the crime, shall be determined in full consideration of the sentence like the order.

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