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(영문) 서울중앙지방법원 2016.06.09 2015고단7166
절도등
Text

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

Reasons

Punishment of the crime

[Majority Opinion] On January 9, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny at the Seoul Central District Court, and completed the execution of the said sentence on May 24, 2015.

[2015 Highest 7166]

1. From October 8, 2015, around 22:10 on October 22, 2015, the Defendant stolen the victim E with a charge equivalent to KRW 120,00,00 in the market price owned by the victim E, who was set up in front of the “D” store located in Seocho-gu Seoul Metropolitan Government.

2. At night, the Defendant: (a) around November 5, 2015, the Defendant: (b) opened the victim G house located in Seocho-gu Seoul Metropolitan Government F and intruded into the house; (c) opened the victim G house in Seocho-gu, Seoul; and (d) cut off the victim with two dried 2 as soon as it is impossible to find out the market price owned by the victim.

[2015 Highest 7537] On November 13:30, 2015, the Defendant: (a) discovered that the stairs located in the Seocho-gu Seoul Metropolitan Government H building contain personal belongings, such as external clothes, in which the victim I put in work clothes, and that the victim could not know the market price by using any gaps in surveillance; and (b) cut off one door, which includes the external exit and external exit and exit tools in which the victim could not know the market price.

Summary of Evidence

[2015 Highest 7166]

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. G statements;

1. Each investigation report (the telephone investigation and on-site investigation);

1. Photographs, on-site photographs (damaged articles), and on-site photographs (2015 high group 7537);

1. Partial statement of the defendant;

1. A written statement of I and J;

1. Protocols of seizure and list of seizure [related before conviction];

1. Application of replys to inquiries, such as criminal history, reports on investigation (report on previous convictions and attachment of criminal suspects and repeated crimes), text of judgment and current status of identification;

1. Selection of imprisonment with prison labor for larceny under Article 329 of the Criminal Act in relation to the crime (a thief) and Article 330 of the same Act (a thief who intrudes upon residence at night) and each of the larcenys;

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

1. Part 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Code for the reason of sentencing [the scope of recommending punishment] the mitigation area of mitigation area of types (influence) of general property (influence between August and June).

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