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(영문) 서울남부지방법원 2016.01.15 2015고단2716
상습절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 23, 2014, at around 18:00, the Defendant habitually stolen 136 mobile phones owned by the victim from around 49 times to June 13, 2015, in total, 124,020, the market price of the victim’s mobile phone owned by the victim D in Guro-gu Seoul Metropolitan City, and 69,600 won at the gallony juthy, after putting one unit of the victim’s cell phone owned by the Defendant on the part of the Defendant, and then cutting off by means of carrying out the above store, as shown in the list of crimes, from around the above day to June 13, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs of Ethical mobile agents, E errors inside storage entrance doors of the same store, display photographs inside storage units, damage specifications, handphone shipment unit price, inventory adjustment statement, transaction specifications of A New Bank (F), transaction specifications of A Han Bank (G), extracted photographs of CCTV theft from A Handphones, seized pictures;

1. Application of the police seizure protocol statutes;

1. The grounds for sentencing under Article 332 of the pertinent Act and Articles 32 and 329 of the Criminal Act regarding criminal facts (a comprehensive determination of imprisonment) are as follows: (i) the defendant was habitually stolen from a mobile phone store in which he/she works for a six-month period; (ii) the defendant was planned to commit a crime; and (iii) the damage was considerably heavy, and (iv) the defendant did not completely recover from his/her damage. Therefore, the sentence of imprisonment is inevitable for the defendant.

However, the fact that the defendant voluntarily surrendered, and that the defendant does not have any past record of the crime is the conditions favorable to the defendant, as the defendant led to the confession of the crime in this case, and his mistake is divided in depth.

Therefore, in full view of the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, etc., the records of the instant case and all of the conditions of the sentencing indicated in the previous theories, the punishment as ordered shall be determined.

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