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(영문) 인천지방법원 2019.02.14 2018고단9173

절도

Text

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

Reasons

Punishment of the crime

[criminal power] On March 10, 2016, the Defendant was sentenced to four months of imprisonment by the Incheon District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (sexually Purpose and Public Place Intrusion), etc. on July 7, 2016, and the execution of the sentence was terminated at the Ganyang Prison. On October 12, 2017, the Defendant was sentenced to four months of imprisonment by the Incheon District Court for a crime of intrusion upon a structure at the Incheon District Court. On February 22, 2018, the Defendant was sentenced to three months of imprisonment by larceny, etc. at the Incheon District Court, and completed the execution of the final sentence at the Ansan Prison Prison on May 10, 2018.

【Criminal Facts】

On September 21, 2018, the Defendant stolen another’s property worth KRW 1,7250,00,00 in total seven times, as indicated in the list of crimes in the attached Form, in the D shop managed by the victim C, located in the first floor of the building in the Nam-gu Incheon Metropolitan City, Incheon, as well as by taking the Samsung galthothot81, the market value of which is equivalent to KRW 1,100,000,000,000,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, I, and J;

1. C’s statement;

1. Records of seizure, the list of seizure, the site of seizure and photographs of seized articles;

1. Report of investigation (specific investigation date and place of damage);

1. Previous records: References to criminal records, investigation reports (Attachment to judgments, such as records of the same kind of crime as suspects), judgments, and application of Acts and subordinate statutes to personal confinement;

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] : The reason for the sentencing of Article 35 of the Criminal Act ; the theft of general property in category 2 (General Larceny) and 2 (10 to 2 (10 to 2) (Special Offense Aggravated Offense Aggravated Offense Aggravated Offense Aggravated Punishment) that does not fall under the aggravated specific crime Aggravated Punishment (Dggravated Punishment) should be taken into account in the sentencing of circumstances where the defendant in October 10 has difficulties in economic situation due to intellectual disability 2 and has difficulty in maintaining his livelihood with proper workplace.

Damage was temporarily returned to the victims.

(b).