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(영문) 서울남부지방법원 2020.03.26 2020고단773
절도
Text

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

Reasons

Punishment of the crime

On June 1, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Northern District Court (Seoul Northern District Court) on August 1, 201, and on December 19, 2017, the Seoul Northern District Court completed the execution of the sentence.

On February 14, 2020, the Defendant: (a) around 10:55, at the “D sales outlet” of the “Co., Ltd.” of the second floor underground victim Co., Ltd. of Yeongdeungpo-gu Seoul Building B, the Defendant: (b) 1 box of the amount equivalent to 11,000 won in the market price of the victim’s possession, which was placed in the display stand by taking advantage of the gaps of the employees’ surveillance; (c) 2 canned ham (Sagle) and 1 box of the amount equivalent to 3,900 won in the market price; (d) 2,900 won in the market price; (e) 1 box of the car of the amounting to 2,500 won in the market price; and (e) 2,500 won in the amount equal to 8,00 won in the market price; (e) 300 square meters in the total market price with 10,000 won in the female panty 1,200 won in the market price.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements;

1. Receipts and photographs of damaged articles;

1. Previous convictions in the judgment: Criminal history records, each investigation report (report on attachment, such as the previous judgment and judgment, and report on the fact of repeated crime) [The defendant and his defense counsel asserted that the crime of this case was committed without the awareness of illegality or without the intention of unlawful acquisition, but if the crime of this case was brought to the goods without calculating it at the Marart selling stand of another person, the intention of larceny and the intention of unlawful acquisition can be sufficiently recognized and it cannot be deemed that there was no awareness of illegality]; the application of statutes];

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. In light of the favorable circumstances in which it appears that the reason for sentencing Article 35 of the Criminal Act is returned among repeated crimes, the defendant's repeated crimes committed the same kind of crime shall be considered, and other circumstances are considered disadvantageous to him.

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