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(영문) 서울중앙지방법원 2016.12.01 2016고단7651
절도
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:00 on August 12, 2016, the Defendant: (a) discovered a victim under the influence of alcohol in the Gangnam River basin located in Gangnam-gu Seoul, Seocho-gu, Seoul; and (b) stolen it with one MF wallet and one mobile phone on the market price, which is owned by the victim, located adjacent to the victim, using any gaps in the surveillance of the said victim.

In addition, from around that time to September 9, 2016, the Defendant stolen another’s property five times in total in the same manner as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. Investigation report (the counter investigation of shots D);

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Sentencing Sentencing [Scope of Recommendation] No basic area (one to two years of imprisonment) (one-half years of imprisonment) for the theft of general property (one-half years of imprisonment) (one-half years of imprisonment) (one-half and one-third of the upper limit of the sentencing range of other crimes) is added to the upper limit of the sentencing range of basic crimes. The final sentencing is eight months to eight years of imprisonment.

2. The Defendant, who has been sentenced to punishment, has repeatedly committed larcenys on several occasions against those who are vulnerable to the crime, and thus, the liability for the crime is not weak and is not good for the crime.

Most of the stolen objects have been disposed of and discarded, and the damage has not yet been recovered.

However, the defendant has yet to be aged, and is against the mistake.

The value of stolen articles is not so large, and some articles may be seized by an investigative agency and returned to the victim or may be returned to the victim later as the identity of the victim is confirmed.

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