logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.13 2017고단5411
절도
Text

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

Reasons

Punishment of the crime

[criminal history] On February 4, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at Seoul Southern District Court, and on June 3, 2016, the said judgment became final and conclusive on April 23, 2017, and completed the execution of the sentence at Daegu Prison.

[2] On July 27, 2017, around 08:15, the Defendant collected “D” restaurant located in Gwanak-gu in Seoul Special Metropolitan City, by taking advantage of the gaps in which the surveillance of the victim E is neglected, the Defendant’s owner of the said restaurant stored “D” restaurant in 3,000 won, on the right side of the Defendant.

In addition, while the FF of the above restaurant customer victim F was taking meals, he laid his wall on his table, and she was put in a toilet with his crepit of cash of 30,000 won at the market price of 40,000 won in cash in the defendant's left side.

Accordingly, the Defendant stolen money and valuables worth KRW 430,000 from two victims as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. CCTV images, damaged photographs, investigation reports (related to the victim's telephone statement), and investigation reports (related to the statement by the victim's telephone manager of the D cafeteria);

1. References to inquiries, such as criminal history, reports on investigations (Attachment to rulings for repeated crimes), and application of Acts and subordinate statutes as a result of search of prisoners;

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

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

1. The scope of the final sentence according to the mitigated area of the crime of Type II (4 to 10 months) of the mitigated area (4 months), Article 38(1)2 of the Criminal Act, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 1 of the Reasons for the Sentencing [the scope of the punishment] Article 2 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of the punishment] Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of the punishment) [the scope of the punishment recommended] Article 2 of the Act on the Aggravated Punishment of Crimes of Type II (the scope of the punishment recommended] of the mitigated area (4 to 10 months), Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes (the decision of the punishment] Article 50 recognizes the crime committed during the period of the same type of repeated crime as unfavorable circumstances, and recognizes the crime.

arrow