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(영문) 서울남부지방법원 2019.08.14 2019고단2871
절도
Text

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

Reasons

Punishment of the crime

On June 21, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in Suwon District Court's Ansan Branch on November 8, 2018 and completed the execution of the sentence in Suwon Detention House on November 8, 2018.

1. Around March 6, 2019, the Defendant committed larceny: (a) around 11:00 on March 6, 2019, at “D” operated by the victim C in Guro-gu Seoul Metropolitan Government; (b) on the part of the victim, the Defendant: (c) committed larceny by inserting approximately KRW 3,600 of the total market value of the victim’s possession, which was in custody of the display stand, using a gap in which the victim’s surveillance was neglected; (d) 1,600 won of the total market value of the victim’s possession; (e) 1, 1, 1, 1, and 1, etc., of original vers.

2. On April 23, 2019, around April 23, 2019, the Defendant committed larceny: (a) around 12:47, operated by the Victim G in Guro-gu Seoul Metropolitan Government E-dong, “H E-Mt”; (b) by means of putting approximately KRW 6,080, the total market value of the victim’s possession, which was kept in the display stand using a cresh in which the victim’s surveillance was neglected, into clothes; and (c) cutting down the cans, which were mobilized in excess of KRW 6,080, 1, 1, and 1, 1, etc., of Gotomatoball.

3. 2019. 5. 3.경 절도 범행 피고인은 2019. 5. 3. 18:21경 2.항 기재 장소에서, 위 피해자 G의 감시가 소홀한 틈을 이용하여 그곳 진열대에 보관하고 있던 피해자 소유의 시가 합계 약 3,090원 상당의 쁘디첼구미젤리포도 1개, 오뚜기 3분 미트볼 1개 등을 옷 속에 넣어 가지고 가는 방법으로 절취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement G and C;

1. A report on theft, a manual for enforcement, and a photograph of each damaged article;

1. CCTV CDs at each crime scene;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (verification of causes for the same kind of power and repeated crimes) and Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment with prison labor, respectively;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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