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(영문) 서울동부지방법원 2016.07.07 2016고단1404
절도
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

The Defendant stated in the indictment on December 23, 2014 as “ December 13, 2014.” However, this is obvious that it is a clerical error, and thus, it was corrected ex officio.

The Seoul Central District Court sentenced to five months of imprisonment for larceny and completed the execution of the sentence on March 24, 2015.

On March 27, 2016, around 18:54, the Defendant, at the convenience store for the operation of Gangdong-gu Seoul Metropolitan Government and the “E” store for the victim’s D operation, used a cresh of the victim’s surveillance negligence to put a day of 22,00 won of the market price owned by the victim, which was located in the display stand, into the main machine on the Defendant’s part.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements, CCTV closures, internal investigation reports, and reports on each investigation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (formers and attachment thereto), personal identification/ confinement status, and other Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Circumstances favorable to the reasons for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: The injury is insignificant and agreed with the victim, and disadvantageous circumstances such as the occupation of living criminals: The fact that the defendant has been punished several times for the same kind of crimes, and the defendant has committed the crime in this case during the repeated crime period, etc. In addition, the punishment as ordered shall be determined by taking into account various conditions of sentencing specified in the arguments of this case, such as the age, sex, environment, motive, means and consequence of the crime, etc.

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