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(영문) 서울중앙지방법원 2017.11.23 2017고단7013
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 1, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Incheon District Court on May 19, 2017, and the execution of the sentence was terminated at the Incheon Detention House on May 19, 2017. On June 29, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul District Court for larceny, and the judgment became final and conclusive on October 24 of the same year.

1. On June 20, 2017, the Defendant invadedd a structure against the will of the manager of the storage of the goods at the above modern department store by entering the 5th basements used as the storage of the goods into the storage of the goods, using stairs in the new department store located in Seodaemun-gu, Seoul, and entering the 83th modern department store, which was located in the new department store.

2. From around 12:10 on June 20, 2017 to around 12:40 on the same day, the Defendant: (a) placed in two plastic bags, one of which is equivalent to KRW 4,680,00 in the market price owned by the victim B; and (b) cut off 120 square meters in two plastic bags.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. The screen of a CCTV image closure;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history, investigation report (verification of the contents of a judgment rendered by a suspect), and text of judgment;

1. Relevant Articles 329 and 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The unfavorable circumstances for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes are as follows: (a) the defendant committed a second offense in only one month after the execution of imprisonment for the same kind of crime; and (b) the defendant also has the record of being punished once for theft, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the crime of larceny; (c) the person who is planned to commit a crime in the early investigation; and (d) the person denies the crime in the early investigation.

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