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(영문) 서울서부지방법원 2019.02.21 2018고단1767
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

[criminal power] On November 4, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual larceny at Seoul High Court on two years and six months, and completed the execution of the sentence on January 27, 2017.

【Criminal Facts】

At around 07:30 on February 11, 2018, the Defendant, at “G” located on the seventh floor of the Eunpyeong-gu Seoul Metropolitan Government F building, took the key of the victim H’s clothes 33, which was kept by using the key, thereby cutting down the 57,000 won in cash, such as one 1,10,000 won, seven 1,000 won, one 1,000 won, one 1,000 won, and two 2,1,000 U.S. dollars, one 3,000 won in cash, and one 1,000 national credit card, and 230,000 won in the market price.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A H statement;

1. Reports on internal accidents (victim's statements and CCTV verification), investigation reports (verification of CCTV in a place where a damaged article is discovered);

1. Previous records: A criminal investigation report (Attachment to a judgment), judgment, and application of Acts and subordinate statutes as a result of inquiry;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 329 of the Criminal Act;

1. Aggravation for repeated crimes: The reason for sentencing Article 35 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 12 years;

2. Application of the sentencing criteria [Determination of types of punishment] thieves (special thieves) (special thieves) against general property thieves thieves thieves (the area of recommendation and the scope of recommendation] aggravated areas, one year to 3 years.

3. Determination of sentence: Determination of sentence in consideration of the degree of damage, recovery of damage, the location of the accused by public notice as it is impossible to know the whereabouts of the accused for a year by imprisonment with prison labor, the circumstances after a crime was committed, the criminal records of the accused, etc.;

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