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(영문) 서울북부지방법원 2020.04.17 2019고단1774
절도
Text

A person shall be punished by imprisonment with prison labor for not less than two months, and for not more than two and three crimes as prescribed in the judgment of the court, for each six months.

Reasons

Punishment of the crime

[2019 order 1774] Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Northern District Court on June 14, 2019, and the judgment became final and conclusive on June 22, 2019.

1. At around 12:30 on April 14, 2019, the Defendant: (a) placed a 24,800 won amount of 4 cans of a water tank in his/her external speculative machine, which was located in the display stand, and stolen the victim’s dart managed by the victim C in Dobong-gu Seoul Metropolitan Government.

[200 Highest 432]

2. On December 17, 2019, the Defendant: (a) around 13:03 on December 17, 2019, at the Gmaart operated by the victim F, the victim’s care was neglected; (b) the victim’s 43,750 won at the market price was used to put five candles into the part of the machine and stolen.

3. On December 18, 2019, around 15:06, the Defendant: (a) at the same place as above, the gene banks owned by the said victim, at the market price of KRW 43,750, placed five candles in the candles; and (b) stolen them.

Summary of Evidence

[2019 Highest 1774]

1. Statement of the accused in the second protocol of trial;

1. C’s statement;

1. Photographs and receipt;

1. Previous records of judgment: Criminal records, etc. inquiry reports and investigation reports (report attached to a case pending a trial against a suspect) (Attachment to the indictment attached to a case pending a trial against a suspect);

1. Defendant's legal statement;

1. A written statement;

1. Photographs of CCTV images recorded by the suspect's scene of crime;

1. Application of Acts and subordinate statutes to photographs taken by a gene bank of the same kind as a theft by a suspect;

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

1. Handling concurrent crimes: The latter part of Articles 37 and 39 (1) of the Criminal Act (the first sentence and the first sentence of Article 39 (1) of the Criminal Act shall be between the crimes in

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 (Mutual Crimes No. 2 and 3) of the Criminal Act (Mutual Crimes) is that the Defendant commits larceny in the Mart operated by the victims, even though he had the record of being sentenced to imprisonment with prison labor, suspension of execution, and punishment for a fine 15 times.

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