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(영문) 서울남부지방법원 2016.10.28 2016고단3589
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On August 21, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for night building intrusion theft at the Seoul Western District Court, and on February 17, 2016, the Defendant completed the execution of the sentence in the original prison.

【Criminal Facts】

On July 14, 2016, around 11:24, the Defendant discovered that the victim D was 9,00 won at a rest room in Guro-gu Seoul Metropolitan Government, and discovered that the victim D was able to make soup at a soup and soup market price of 9,00 won for mobile phones with LG and mobile phones, and that the victim’s surveillance was neglected.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A photograph of a damaged product or a dynamic image to take a course;

1. Previous records: Criminal records, etc. inquiry reports, personal confinement status, and application of Acts and subordinate statutes (Attachment to the same type of electric records, etc.);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. A repeated crime of the same kind, not falling under the aggravated area (six to one year) (six months to one year) of general property, the scope of recommending punishment according to the sentencing guidelines (Scope of recommending punishment), which is for the larceny of general property;

2. A sentence shall be imposed on a defendant in light of the circumstances that the defendant who has been sentenced to five sentence for a crime of the same kind, one-time suspension of execution, and two times of fines, commits the crime of this case during the period of repeated crime of the same kind, and does not reach an agreement with the victim, etc.;

However, the defendant repents and reflects the defendant's mistake, the value of the stolen damage does not exceed the value of the stolen damage, considering favorable circumstances that the damaged damage has been returned to the victim, and the defendant's age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments in the sentencing guidelines shall be determined by the order, beyond the lower limit of the recommended punishment specified in the sentencing guidelines, considering all the sentencing conditions

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