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(영문) 서울북부지방법원 2015.05.29 2015고단674
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Northern District Court on November 28, 2014 and whose judgment became final and conclusive on December 6, 2014 and is currently under suspension of execution.

【Criminal Facts】

On December 17, 2014, at around 11:00, the Defendant found the victim E from the D History or male escape room located in Seoul Special Metropolitan City, Nowon-gu, and proposed the victim E to stick the key to the clothes of the escape room and to f to theft the victim's goods from the clothes site, and F cut off the 20,000 won in cash from the above clothes site, 20,000 won in body card and 70,000 won in market price owned by the victim with the driver's license.

Accordingly, the defendant stolen the victim's property together with F.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 331 (2) and (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the age of the defendant and the point of minor damage), [the scope of recommending punishment] the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the reason for sentencing [the scope of recommending punishment] the basic area of the theft in general property (the theft in custody) [4-8 months] (no special person] and the scope of sentencing comparison with recommended punishment: June-8 [the decision of sentencing] in 6-month [the decision of sentencing] in consideration of the fact that the defendant committed the instant crime while the defendant is under probation, it shall be punished strictly. However, considering the fact that the defendant is under 19 years of age and the amount of damage is only 70,000 won,

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