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(영문) 의정부지방법원 고양지원 2017.04.13 2016고단3218
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to two years and six months of imprisonment for special robbery in the Gyeyang Branch of the Jung-gu District Court on May 10, 2013, and was released on June 30, 2015 and the remaining term of imprisonment has expired on August 22, 2015. On September 9, 2016, the Defendant was sentenced to eight months of imprisonment for fraud in the same court, and the judgment became final and conclusive on November 26, 2016.

[2] The Defendant served as an employee from July 28, 2015 to January 22, 2016 as a mobile phone store for the operation of the victim D in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, as the employee.

On December 23, 2015, the Defendant opened a package of 6S 16G 16G on the victim’s cell phone at around 20:40 on December 23, 2015, and then removed a package of 6G 16G on the victim’s cell phone at the location where the victim was in the storage of the victim’s new cell phone at the location.

In addition, they stolen them.

In addition, from December 23, 2015 to January 21, 2016, the Defendant stolen the victim’s property by holding 8 mobile phones worth KRW 5,10,000 and the market price of KRW 7,524,00, a total of 24 times, such as the list of crimes, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Each photograph and CCTV screen;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history, and reports on investigations (prior convictions and confirmation of repeated crimes);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (it is a previous crime of special robbery as stated in the judgment);

1. After Article 37 of the Criminal Act, Article 39 of the same Act: Provided, That Article 39 (1) of the same Act shall apply (only between larceny and fraud judgment in which judgment becomes final and conclusive);

1. Circumstances unfavorable to sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes: (a) committed multiple larceny crimes for a short time without being aware of the expiration of the term of punishment, and even for four months, even though they were during the period of repeated crimes.

The method of crime is also in the store where the victim's cell phone store works as an employee.

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