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(영문) 서울남부지방법원 2020.03.26 2020고단620
절도
Text

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

Reasons

Punishment of the crime

On July 11, 2019, the Defendant was sentenced to six months of imprisonment with prison labor in Seoul Southern District Court for larceny and completed the execution of the sentence in Seoul Southern District Court on November 14, 2019. On December 12, 2019, the Seoul Southern District Court sentenced one year of imprisonment with prison labor in Seoul Southern District Court for larceny and was sentenced to three years of suspended execution on December 20, 2019, and the judgment became final and conclusive on December 20, 2019.

On February 1, 2020, at around 01:35, the Defendant: (a) opened a door that was parked in the 1st basement of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the Defendant stolen KRW 400,000 in cash from the wallet owned by the victim who was parked in the 2nd basement; and (b) removed the 400,000 in cash from the wallet owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Each internal investigation report (the identification of a criminal suspect, CCTV-related, tracking of a suspect's movement route on the date of occurrence of the case, and tracking of a suspect's movement);

1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to the same type of judgment, etc.), previous records of disposition, and application of Acts and subordinate statutes to report on confirmation;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. In light of the circumstances favorable to the fact that the reason for sentencing under Article 35 of the Criminal Act is relatively minor, considering the fact that even though there was a history of having received criminal punishment, it is difficult to view that the criminal act of larceny under the same veterinary law has been repeatedly committed, etc., taking into account the unfavorable circumstances, and taking into account various circumstances that are revealed in the trial process, such as the Defendant’s age, character and conduct, environment, motive and consequence of the crime, etc., the punishment as set forth in the Disposition shall be determined.

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