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(영문) 서울남부지방법원 2018.03.28 2018고단466
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On December 8, 2016, the Defendant was sentenced to six months of imprisonment for occupational embezzlement at the Seoul Southern District Court (Seoul Southern District Court) and completed the enforcement of the sentence at the Seoul Southern Southern District Court on June 9, 2017.

[Criminal facts] around 11:55 on January 7, 2018, the Defendant: (a) committed as if he were to pay livestock money by pretending from D3 floors to the lower, and (b) committed a theft by gathering livestock bags containing KRW 200,000,000 in cash owned by the victim E, which had been offered to the lower-level male visitors to receive livestock.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The defendant's writing;

1. A written statement of the victim;

1. Results of reproduction of CCTV images for crimes;

1. Investigation reports (on-site CCTV investigations);

1. Investigation report (Attachment of CCTV images to crimes);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (verification of the status of acceptance of a suspect), the status of acceptance of each individual, and the text of judgment (Seoul Southern District Court Decision 2016 High Court Decision 3951 High Court Decision 2010

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (abundance of intention and choice of imprisonment);

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

1. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of Class 2 (Determination of the sphere of recommendation] (Determination of the sphere of recommendation] basic area of the theft against general property [the scope of recommendation] [the scope of punishment] from June to one year and six months [the person who is subject to general sentencing] aggravated factors (the person who is subject to general sentencing] [the person who is not subject to the aggravated punishment of specific crimes];

2. Circumstances unfavorable to the decision of sentence: The Defendant did not know even during the period of repeated crime, and committed the instant crime. The Defendant committed the instant crime even though he was punished by a fine with regard to the larceny during the period of repeated crime.

There was no particular recovery of damage and the injured person wanted to punish the defendant.

A favorable normal condition: The defendant shows the appearance of recognizing and opposing his fault.

the amount of damage, 200.

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