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(영문) 서울중앙지방법원 2014.02.06 2014고단163
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 1, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for larceny at the Seoul Central District Court for a period of eight months, and on May 31, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Sungwon District Court Sungnam Branch branch on October 19, 2012, and the said judgment became final and conclusive on October 19, 2012, and the said suspended sentence was invalidated, and the execution of each of the said punishment was terminated on June 25, 2013.

On August 31, 2013, at around 20:25, the Defendant, at the D convenience store located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, stolen it with a reasonable amount of 954,800 won at one gallon market value owned by the victim E, who was on an electronic file.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on investigation (verification of prices from an oral cell phone);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-suspects' repeated crimes and confirmation);

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders (decision of punishment) is [decision of punishment] thief] thief for larceny, neglect, etc. for general property - thief for the aggravation of aggravated factors: 6 to 1 year [decision of the recommended sentence] / 6 months [decision of the recommended sentence] / 6 months / 6 months prior to the defendant has the past record of being punished several times due to larceny, and there is no agreement with the victim. In particular, it is inevitable to sentence of punishment in light of the fact that the defendant was sentenced to punishment for the same crime and again commits the crime of this case for not less than two months after release.

On the other hand, considering the favorable circumstances, such as the fact that the defendant was committed by committing a crime, and the degree of damage is relatively minor, the punishment as ordered shall be determined within the scope of the sentencing sentence as stipulated in Article 51 of the Criminal Act by taking into account the circumstances leading to the crime in this case, the age, character and conduct, environment, circumstances after the crime, etc.

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