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(영문) 수원지방법원 2014.10.30 2014고단5396
절도
Text

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

Reasons

Punishment of the crime

[Attempted Crime] On June 14, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Central District Court (Seoul Central District Court) and completed the execution of the sentence on October 6, 2013.

[Contents of Offense] Defendant:

1. At around 15:40 on September 21, 2014, at the fourth floor of the branch of the Korea Racing Association, the victim’s seat located at the seat of the victim C who was temporarily set up in a locking place in order to purchase marina tickets, holding one mobile phone of the amount equivalent to KRW 100,000,000 and one mobile phone scrap with the net gold of the amount equivalent to KRW 150,000,000 at the market price;

2. On September 28, 2014, around 12:24, 2014, at the third floor of the KND branch, the horse racing newsletter was considered as a horse newsletter, and the victim D, who neglected to pay attention, took out one horse ticket equivalent to 3,000 won from the victim’s possession and sale of the victim’s one horse ticket, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. CCTV closure photographs and images;

1. Each report on investigation;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2, and Article 50 of the Criminal Act / [the scope of recommending punishment / [10 to 2 years] of the aggravated area (10 to 2 years) of the larceny for general property / [the range of comparative sentencing between the punishment of the same repeated crime and the recommended punishment which is not a special (special)] : 10 to 2 years [the decision of sentence], and the amount of damage is not significant, and it may be considered in the Act on the Punishment of Crimes. However, considering the fact that the crime committed during the period of repeated crime is likely to repeat and it is difficult to find out the opening of the sentence, the punishment against

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