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(영문) 의정부지방법원 2015.02.04 2014고단2287
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On September 29, 2010, the Defendant was sentenced to one year and six months from the Seoul Eastern District Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the said sentence on January 12, 2012.

【Criminal Facts】 On June 4, 2014, the Defendant, around 11:40 on June 4, 2014, at E-book display stand operated by the victim D in Gui-si, Gui-si, Si, with the unrecovered crepit of the victim’s surveillance, stolen it.

"2014 Highest 4248"

1. On October 15, 2014, at around 13:28, the Defendant: (a) placed in the display stand of the I Reading Center operated by the victim H of the 1st floor G underground floor in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul; (b) placed the victim’s crehion in the inner part of the title, which is equivalent to KRW 28,000 of the market price at which the victim’s surveillance was displayed; and (c) stolen the victim’s crehion.

2. The Defendant, at around 14:00 on October 23, 2014, based on the same method at the same place as Paragraph (1) of the same Article, committed theft with a letter of title 1, i, “ what is the bamboo” in an amount equivalent to 16,800 won at the market price, and with a letter of title 1, 18,000 won at the market price.

Summary of Evidence

1. The defendant's partial statement (the denial of the theft of the 2014 Highest 2287 Case);

1. Each statement of D, H and J;

1. Prosecution investigation report (to hear and report damage statements / CD viewing);

1. photographs of each damaged article, and copies of the CCTV images of each suspect;

1. A CD (a CCTV image marked on a thief);

1. Previous records: Application of criminal history records, investigation reports by the prosecution, and Acts and subordinate statutes;

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

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

1. From among concurrent crimes, crimes falling under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] Article 1, 2, and 3 of the Reasons for the Sentencing / [the scope of recommending punishment] Article 2 of the Criminal Act, basic area (6 to 1 year and 6 months) [the person who is under special mitigation and/or mitigation] / special case (no person in question).

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