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(영문) 서울북부지방법원 2017.01.12 2016고단4987
절도
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

On April 24, 2015, the Defendant was sentenced to larceny by the Seoul Southern District Court on January 6, 2015, and completed the execution of the sentence on June 23, 2016.

1. On September 25, 2016, the Defendant shall take up KRW 400,000,000,000, in cash owned by the victim, who had been under his/her payment period and credit cooperative, while working as a person for confusion at the convenience store for the operation of the victim D in Dobong-gu Seoul Metropolitan Government, under disguised employment of the victim D.

L. A. L. theft was committed.

2. On October 8, 2016, the Defendant shall not collect KRW 600,000,000, in cash owned by the victim during the payment period of the gold transfer, while working in a disguised manner at the H convenience store in the management of the victim G located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and written statements of the police concerning G;

1. Character messages and resumes;

1. Images of a photograph by on-site photographs and CCTV closures;

1. Application of the Act and subordinate statutes to a reply to inquiry, written judgment, and previous conviction and confirmation of the disposition;

1. Relevant Articles of the Criminal Act concerning the facts constituting an offense. Article 329 (Selection of Imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are not good for the Defendant to have committed larceny after being employed in a planned manner.

However, the punishment for the accused shall be determined by taking into account the fact that the accused is attempting to commit a crime and the degree of damage.

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