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(영문) 인천지방법원 2016.06.23 2016고단1831
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 13, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny and a fine of KRW 300,000,000. On October 12, 2013, the execution of the above imprisonment with prison labor was terminated.

"2016 Highest 1831"

1. On March 12, 2016, the Defendant: (a) around 21:30 on the fourth floor of the Yeonsu-gu Incheon Metropolitan City D Building on the fourth floor of the victim C, namely, a mobile phone from the victim C in the PC room to have a mobile phone with him/her; (b) accessed the victim’s back; and (c) deducted the victim’s hand from the victim’s back; and (d) deducted the victim’s hand from the external speculative machine with his/her hand in the victim’s hand; (b) KRW 190,000,000, such as KRW 3,000,000 in cash on the part of the victim’s possession, including Chapter 4,00 won in cash.

L. A. L. theft was committed.

2. From March 25, 2016 to around 20:20 on March 25, 2016, the Defendant: (a) 300,000 won in cash, such as KRW 6,00,00,00, in cash on the part of the victim’s hand, by inserting the Defendant’s hand, putting the Defendant’s hand in the external slot machine in which the victim was seated by the victim F in the seat No. 27 at the seat No. 1st room in Jongno-gu Seoul Metropolitan City, Jongno-gu, Seoul, between the victim’s 20:30,000 won and 30,000 won in cash

L. A. L. theft was committed.

The Defendant, at around 01:07 on February 7, 2016, at the “JPC room located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City I, leaving the victim K (23 taxes) in his/her chair, and the locker shall take 40,000 won in cash, which is owned by the victim, out of the wall located in the creshus.

L. A. L. theft was committed.

Summary of Evidence

1. The defendant's oral statement "2016 Highest 1831";

1. Statement by the police concerning L;

1. A written statement of C and F;

1. Previous convictions: References about criminal history and investigation reports (report on the previous convictions of suspects and repeated crimes), "2724";

1. Application of the Acts and subordinate statutes of K;

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

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

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the accused recognizes and reflects the crime; and (b) the crime of life penalty.

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