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(영문) 서울중앙지방법원 2014.05.16 2014고단2143
특수절도
Text

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

Reasons

Punishment of the crime

At around 23:00 on January 9, 2014, the Defendant: (a) committed a theft with the victim’s 100,000 won in the market price of KRW 100,00,000 in the market price of the victim’s possession, which was caused by the victim’s c, of KRW 50,000 in the market price, and KRW 4,000 in the cash located in the hand, which was in the hands of the victim’s D operation in Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] The mitigated area (8 to 1 year and 6 months) of general property shall be mitigated [the case where a person subject to special mitigation] intrudes into a living type, an indoor residential space, or an indoor residential space (type 4) / Where a person carries a deadly weapon, or where a person carries a deadly weapon, or where a person commits the instant crime again during the period of probation, despite having been sentenced to a suspended sentence due to the same kind of crime, there is a history that the defendant has been sentenced to a suspended sentence due to the same crime, and despite having been sentenced to a fine for the larceny committed during the period of the suspended sentence, he/she is disadvantageous to the defendant.

On the other hand, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as ordered.

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