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(영문) 수원지방법원 안양지원 2014.05.16 2014고단510
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment for larceny at the Seoul Northern District Court on December 8, 201, and completed the execution of the sentence at Seongdong-gu District Court on May 3, 2012.

(1) On March 29, 2014, the Defendant: (a) around 15:30 on March 29, 2014, at the 15:30, the Defendant: (b) reported that the victim E was issued a horse purchase ticket using a vending machine; and (c) took the victim’s behind the victim’s back, the Defendant cut off the horse purchase ticket using a horse magazine, which used the Defendant’s left hand so that the victim does not have the right to purchase the horse at the right to use the horse, and did not keep the victim’s walk in the view of other people. (d) At the same time, the Defendant laid down one horse purchase ticket of KRW 38,400, the market price of the victim’s possession at that place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. CCTV photographs of the D1st floor;

1. Previous records of judgment: Application of a copy of the judgment (122 pages of investigation records) and Acts and subordinate statutes;

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 crimes [decision of the type] for the larceny of general property (special sentencing): Type 3 [Determination of the recommended area] for the same repeated crime [decision of the recommended area] for the same type [decision of the recommendation area] - 8 months] - 2 years [decision of the sentence] for the same repeated crime not falling under special circumstances, but the amount of damage of this case is not significant, but the crime of this case was committed during the period of repeated crime; the crime of this case was charged with detention for other cases; the crime of this case was committed without care during the period of permission for release on bail for treatment of pulmonary collection; the crime of this case was committed seven times or more for the same crime (the sentence of imprisonment with prison labor for six times among them) (the sentence of imprisonment with prison labor for six times); and the crime of larceny and cash theft under the same law as the crime of this case is sentenced to three times or more.

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