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(영문) 서울중앙지방법원 2014.01.23 2013고단8469
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 17, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and completed the execution of the said sentence on April 16, 2012.

【Criminal Facts】

On July 4, 2013, at around 00:09, the Defendant cut off a cellular phone equivalent to KRW 800,000 at the market price of 70,000,000 on the part of the victim, which was located on the part of the victim, in the front side of Seocho-gu Seoul Metropolitan Government, by placing the victim D's substitute driver, and d's d's driver's d's d's d's d's d's d's d' and d's d's d's d's d's d's d's d's d

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Type of the suspect at the time of crime;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (compacting of judgment records, etc.);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders (decision of type) is the reason for sentencing (decision of type) of the thief in general property - The element of aggravation: Imprisonment with prison labor for the same repeated crime [Scope of recommending punishment] 1 year to 3 years (decision of a sentence of sentence] (decision of a sentence of sentence] as well as the fact that the defendant has been punished several times for the same crime, and that the defendant has committed the crime of this case during the period of repeated crime. Therefore, it is inevitable to sentence sentence in light of the fact that the defendant

The sentence shall be determined as the disposition in consideration of the favorable circumstances, such as the confession and reflectment of the defendant, and the age, character and conduct, family environment, motive and circumstances of the crime, and the circumstances after the crime, etc., in consideration of all the sentencing conditions shown in the arguments.

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