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(영문) 서울남부지방법원 2018.12.19 2018고단5198
절도
Text

Imprisonment with prison labor for a crime set forth in paragraph (1) of the judgment of the defendant, and for a crime set forth in paragraph (2), six months, respectively.

(b).

Reasons

Punishment of the crime

[criminal history] On July 13, 2018, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor for larceny at the Suwon Giwon, and the judgment became final and conclusive on July 21, 2018.

[Criminal facts]

1. On November 24, 2017, around 19:42, the Defendant opened and entered a door of CDK3 car parking lot located in the third floor underground of the Seoul Guro-gu Seoul Metropolitan Government building B, which was not corrected, and then cut off with 500,000 won in cash, which is owned by the victim E, five credit cards, five copies in credit cards, and two copies in resident registration certificates.

2. On September 13, 2018, around 00:53, 2018, the Defendant opened a door of the victim H’s I low-priced car that was not corrected at the first floor parking lot of the apartment G G G G of Guro-gu Seoul, Seoul, with cash of KRW 100,000 and cash of KRW 80,000, the victim’s possession, which was the victim’s possession, and was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each victim H and C prepared;

1. Report on internal investigation (to secure the arrival of an increase in the agreed person);

1. Previous records of judgment: Application of a written reply to inquiries, such as criminal history, (A), and 2030 Highest 2018 Criminal Report (report on confirmation of previous convictions of disposition, results of confirmation of the date of release, and report on the date of release);

1. Relevant Article 329 of the Criminal Act, each of the choice of imprisonment with prison labor, and the choice of imprisonment with prison labor;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of larceny No. 1 in judgment and the crimes of larceny for which judgment becomes final and conclusive);

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) Defendant was subject to criminal punishment for the same kind of crime several times; and (b) two months have not passed since the suspended sentence of imprisonment for the same crime became final and conclusive; and (c) committed the second crime in the judgment.

On the other hand, the victim does not want the punishment of the defendant by mutual agreement with one of the two victims.

At least, the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be considered, but the judgment becomes final and conclusive for the first crime in the ruling.

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