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(영문) 수원지방법원 성남지원 2015.12.18 2015고단2585
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On November 21, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny at the Seoul Central District Court on June 1, 2015 and completed the execution of the sentence at the Seoul Detention Center.

【Criminal Facts】

On October 18, 2015, the Defendant: (a) around 01:25, at the D convenience store located in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) around 01:25, the Defendant had cash 960,000 won, which the victim was in charge of the receipt and receipt of money, and one mobile phone 90,000 won, which is owned by the victim, while assisting the victim E in the work of the victim E at the above D convenience store.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the investigative report (No. 3 lists of evidence);

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] The reason for the sentencing of Article 35 of the Criminal Act for general property [10-2 years] shall be the larceny [10-2 years] and imprisonment for the same repeated crime [10-2 years] that does not correspond to the aggravation area (a person under special circumstances] (a person under special circumstances]. The defendant is sentenced to imprisonment for the same kind of crime and commits the crime in this case at any time despite the fact that the defendant was sentenced to imprisonment for the same crime, and commits the crime by taking account of the fact that the defendant committed the crime in this case even though he was sentenced to imprisonment for the same crime, and that he committed the crime by taking advantage of the victim who has assisted himself, it shall be sentenced to the strict punishment. However, the degree of reflectness of the defendant and the degree of damage in this case, as well as all other circumstances on the sentencing of the defendant, such as age, character, occupation

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