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(영문) 의정부지방법원 2013.10.08 2013고단1003
절도
Text

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

Reasons

Punishment of the crime

On March 29, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny in the Western Branch of the Daegu District Court on March 29, 2012, and on September 18, 2012, the Defendant is a person who completed the enforcement of the sentence. On February 3, 2013, 2013, “The victim E from the DPC room located in the Gu Council-Si of Gu Council around 02:40 on February 3, 2013, with one 2 mobile phone of 990,000 won at the market price of the victim’s possession on the books of the said PC room, and theft with one ethic phone of 2 mobile phone of 20,000 won at the victim’s own.”

1. On February 20, 2013, around 07:00 on the 207:0, the victim F was found to have set one set of the two galthothothy mobile phones owned by the victim F while setting up in the galthothy or galothy bank located in the Government City G on February 20, 2013, and the victim F was approaching the victim’s surrounding area, and then the victim’s cell phone was stolen at the market price of one million won.

2. Around March 2, 2013, at the KPC room located in the jurisdiction of the Government of the City/Do on March 19, 2013, a crime committed against the victim I committed a crime against the victim I, the victim I, who entered the victim’s seat, took another cell phone in which the victim I laid the victim’s seat in front of the computer, and stolen the victim’s cell phone worth KRW 9.80,000 at the market price.

Summary of Evidence

"2013 Highest 1003"

1. Defendant's legal statement;

1. E statements;

1. On-site CCTV photographic data "2013 Highest 2340";

1. Defendant's legal statement;

1. I, a written statement of F, a photograph of damaged articles, and CCTV photographic data "Before and after the market";

1. A statement on criminal records, etc.;

1. A criminal investigation report (report on tasks before and after the suspect);

1. Application of Acts and subordinate statutes to investigation reports (a repeated crime and confirmation of the same kind of power);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant continued to commit a theft of another’s mobile phone according to the same veterinary method as each of the instant crimes.

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