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(영문) 수원지방법원 안양지원 2016.11.30 2016고단1525

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 31, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the port branch of the Daegu District Court in the Daegu District Court on October 31, 2013, and the judgment became final and conclusive on November 8, 2013. However, on September 25, 2015, the said sentence was revoked and the execution of the said sentence was completed on February 20, 2016.

【Criminal Facts】

At around 1:40 on September 15, 2016, the Defendant discovered that the keys is posted to the “D” room located in the Manan-gu C and the 7th floor of the Manyang-si, Annyang-si, the Defendant cut off the 7th unit by using the key in which he was sticked up any cret cret in the surrounding area, and cut off cash of KRW 186,00 (the 50,000 won unit, Chapter 3, Chapter 5,000 unit, Chapter 1,00 unit, Chapter 1,00 unit) from the wall in the victim E-owned area.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A thief photograph and the key to a thief, which the suspect discarded;

1. Previous records of judgment: Criminal records, inquiry records, results of the search of prisoners, investigation reports (verification of repeated crimes of suspects), investigation reports (verification of the date of decision to revoke suspension of execution of sentence), and application of Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Sentencing of Article 35 of the Criminal Act - Sentencing of repeated crime: Although the criminal record of larceny was committed several times, the crime of this case was committed during the period of repeated crime after release; furthermore, the crime of this case was committed even though it was committed by a fine by putting the same crime under consideration even before three months from the date of the crime of this case; the crime of this case was committed in addition, even though it was committed by a fine even before the date of the crime of this case; the amount of damage is not relatively large; the amount of damage is not relatively small; the damage was returned to all victims; other circumstances: the defendant's age, character,