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(영문) 서울중앙지방법원 2017.11.21 2017고단6737
절도
Text

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

Reasons

Punishment of the crime

On July 22, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for embezzlement of deserted articles possessed by the Seoul Central District Court, and completed the execution of the sentence on November 21, 2016.

【Around 00:55 September 21, 2017, the Defendant: (a) laid off smartphones in the front 700,000,000 won of the market price of the victim C who was seated and was divingd, and cut off the smartphones in the front line of the Dong cemetery No. 916, which was operated by the subway No. 302 in the front line of the Dong cemetery in Jongno-gu Seoul, Jongno-gu 302.

[2017 Highest 7792] On January 25, 2017, the Defendant: (a) around 23:10 on January 25, 2017, at the subway train that arrived at the 341 Tranc Station Station in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, and brought one cell phone with a mobile phone equivalent to KRW 200,000,000 at the market price that the victim D left the seat next to the seat.

Accordingly, the Defendant stolen the property.

Summary of Evidence

【2017 Highest 6737】

1. Statement by the defendant in court;

1. C’s statement;

1. Each investigation report (the sequence 10,18 of the evidence list);

1. A damaged photograph of 2017 class 7792

1. Statement by the defendant in court;

1. Written statements of D;

1. Each investigation report (including the sequence 5, 6, and appended materials of evidence list);

1. Photographs of theft handphones;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and each investigation report (Evidence List 11, 19) Act and subordinate statutes;

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. It is so decided as per Disposition on the grounds of the former part of Article 37, Article 38(1)2 and Article 50 or more of the Criminal Act for the aggravation of concurrent crimes;

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