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(영문) 서울서부지방법원 2013.07.04 2013고단1229
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 27, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of collective, deadly weapons, etc.) at the Seoul Western District Court on May 27, 201, and on September 30, 201, the parole period passed on November 11, 201.

1. On May 19, 2013, at the main point of "D" located in Yongsan-gu Seoul, Yongsan-gu, Seoul around 03:00, the Defendant: (a) took advantage of the gaps of care of the victim E (n, 27 years of age) who did drinking together; and (b) took advantage of the gaps of care of the victim E (n, e.g., the victim’s market price on the table, approximately KRW 1,00,000,000.

2. Around 07:00 on May 19, 2013, the Defendant cut off one mobile phone of approximately one million won in the market price of the victim’s possession, which was the victim’s junishing on the part of the victim G (the 19-year old-age), who took alcohol together, by taking advantage of the gaps of care of the victim G (the 19-year-age-old) who took alcohol in Yongsan-gu Seoul, and then cut off one mobile phone of approximately one million won in the market price of the victim’s possession.

3. Around 09:30 on May 19, 2013, the Defendant, at the main point of “I” located in Yongsan-gu Seoul, Yongsan-gu, Seoul. Around 09:30 on May 19, 2013, the Defendant stolen approximately KRW 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000, won, etc. were used as a balthm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to J, E, and G;

1. Before ruling: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the reason for sentencing] general larceny [the scope of recommending punishment] [the scope of final sentence] from June to June (the basic area] [the scope of final sentence] increased by multiple crimes (1/2 of the upper limit of crimes No. 2) (1/3 of the upper limit of crimes No. 1 to 2]: June to February (the decision of sentencing].

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