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(영문) 서울북부지방법원 2016.12.14 2016고단4312
절도
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay KRW 1,500,000 to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for habitual larceny, etc. at the Seoul Eastern District Court on April 7, 2016 and is currently under the period of repeated crime after the execution of the said punishment has been completed in Seongdong-gu District Court on May 7, 201

On August 26, 2016, around 15:30 on August 26, 2016, the Defendant stolen two mobile phones of the sum of KRW 1.5 million, including one cellphone 6 (on a market price equivalent to KRW 900,00), one cellphone 6 (on a market price of KRW 600,00), one cell phone 6 (on a market price of KRW 600,00) mobile phone 1,50,000 from August 5, 2016 to August 26, 2016, KRW 3.55,50,00 in total, as shown in the attached list of crimes, from around 5, 2016 to August 26, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of H, K, L, and M;

1. Investigation report (related to the verification of CCTV at the site);

1. Investigation report (related to statements of the amount of damage inflicted upon the victim H);

1. A report on internal investigation (on-site inspection and CCTV verification);

1. A report on internal investigation (a CCTV image-faging room and a closure of the suspect's member information source);

1. A report on the result of identification;

1. Previous records of judgment: Application of criminal records, investigation reports (recidion of repeated crimes and attachment of judgment), investigation reports (informating information of suspects A prisoners) and statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 25 (1) and 31 (1) and (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 18 years;

2. The scope of the recommended punishment according to the sentencing guidelines for the crimes No. 1 [Scope of Recommendation] of the Specific Crimes Aggravated Punishment (Aggravated Punishment) of the Specific Crimes (Aggravated Punishment) of the same type of repeated crime not falling under the aggravated area (Aggravated Punishment) (Aggravated Punishment) of the Specific Crimes (Aggravated Punishment) of the Specific Crimes (Aggravated Punishment) of the Specific Crimes (Aggravated Punishment) of the Specific Crimes.

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