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(영문) 서울중앙지방법원 2016.10.05 2016고단5603
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On August 12, 2015, the Defendant was sentenced to one year of imprisonment for habitual night building intrusion larceny at the Seoul Central District Court, and completed the execution of the said sentence on April 7, 2016.

【Criminal Facts】

At around 03:03 on August 10, 2016, the Defendant, while drinking alcohol in the “E” restaurant located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, committed theft with one “EXIT” page equivalent to KRW 30,000, the market price, which is the victim’s possession, located in another victim’s seat, located in another victim’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A criminal investigation report (on-site CCTV verification), CCTV closure photographs;

1. Photographs of seized articles;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the contents, etc. of the same criminal records as a suspect - repeated crimes), five copies of judgment, and application of Acts and subordinate statutes on the status

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Determination of Punishment] : (a) Type 3 (Special Larceny) [Special Convicts] - Aggravation (Special Aggravations] - Aggravation ] / [Determination of the recommended field] / [Scope of Recommendation] 1-3 years [Scope of General Convicts] - Reduction (Cases where damage is recovered from part of the party] / Suspension of Execution / [Determination of Sentence ] Suspension of Execution / Determination of Suspension of Execution / Determination of Punishment / Determination of Punishment / Determination of Punishment ] Specific circumstances as set forth below, the defendant's age, character and behavior, family environment, circumstances before and after the crime were committed, and the sentence like the order was determined in full view of the detailed circumstances as set forth below and the sentencing conditions

In addition, the victim is in the same type of criminal records and 11 times (eight times before the end of the year), and the period of the same repeated crime of the same kind, even though the victim is in the same type of criminal records and 11 times (eight times before the end of the year).

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