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(영문) 서울남부지방법원 2016.09.01 2016고단2649
절도
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Criminal facts

[criminal power] On April 30, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for habitual night building intrusion and larceny in the Sungnam Branch of the Suwon District Court on May 6, 2015, and the judgment became final and conclusive on May 6, 2015, and completed the execution of the sentence in the Ansan Prison on February 1, 2016.

【Criminal Facts】

"2016 Highest 2649"

1. At around 19:40 on May 28, 2016, the Defendant: (a) stolen the Victim F with one cellular phone (S) of Samsung Ggallon (hereinafter “E”) equivalent to KRW 836,00, the market value of the victim’s ownership, which is the victim’s gallon, located on his/her customer, located in Guro-gu Seoul Metropolitan Government C; (b) around 19:40, the Defendant stolen the Victim F with one cellular phone of KRW 836,00.

2. Around 17:30 on May 30, 2016, the Defendant: (a) stolen Samsung G G Gallonythy with one cellular phone device equivalent to KRW 836,000, the market value of the victim I located on his/her book; and (b) Samsung G Gythythyythy with one cell phone device equivalent to KRW 836,00,000, located on his/her book.

On June 9, 2016, the Defendant, around 14:46, 2016, prepared a cell phone device equivalent to KRW 5,016,00,00 in total, 5,000 of the market value of KRW 836,00,00 for the galthal ju City mobile phone store in the Nam-gu Incheon Metropolitan City, Seo-gu 111, the victim L was stolen by preparing in advance a cell phone device equivalent to KRW 5,016,00,00 in the market value of KRW 836,00,00 for the galthal 5,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each statement of F, I, and L;

1. Previous convictions indicated in judgment: References to criminal records and investigation reports (reports on criminal suspects' repeated crimes and confirmation of the same records);

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

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

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] [the basic area of larceny (type 2] general larceny: June-1 year and six months [the special person] aggravated due to aggravated reasons (aggravated aggravated offense): Ten months-2 years [the decision of sentencing]. Each of the crimes of this case.

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