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(영문) 서울중앙지방법원 2018.05.03 2018고단461
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 28, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. in the assistance of Suwon Friwon, and on March 9, 2017, the Incheon District Court sentenced six months of imprisonment with prison labor for fraud, etc., and completed the execution of the sentence on December 14, 2017.

Criminal facts

On December 16, 2017, the Defendant: (a) came to store Category D 2 food stores in Jung-gu Seoul Special Metropolitan City, Jung-gu around 15:30 on December 16, 2017; (b) the Defendant: (c) the victim E (V) who is responsible for the location; (d) the sales price of KRW 12,150,00, 150, 1 bottle 1 bottle, 4,800, and 4,300, in a way of click-type 2 bottle, 6,50, and 9,000 won in total; and (d) the Defendant did not have any goods at the sales price of KRW 9,50,00 in total, with 12,150,000, 6,500, and 9,000, and did not have any goods at the sales price of KRW 9,50,000 in total.

Accordingly, the defendant stolen another's property together with B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement made to E and F;

1. A list of damaged articles, receipts, and photographs of damaged articles;

1. Previous convictions in judgment: References to inquiries, such as criminal history (A) and application of the Acts and subordinate statutes concerning personal identification;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55 (1) 3 (hereinafter referred to as the following favorable circumstances) of the Criminal Act for mitigation of a small amount: The history of the same kind of punishment and the circumstances favorable to repeated crimes, etc., such as the record thereof several times: Confession, reflectivity, minor damage, return of damaged articles, etc.;

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