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(영문) 광주지방법원 2018.02.22 2017고단4045

절도등

Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the charge of attempted larceny of a structure at night is acquitted.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Cheongju District Court on April 20, 2017 and completed the execution of the sentence on June 11, 2017.

1. On June 15, 2017, the Defendant, around 01:56, on June 15, 2017, thief (2017 highestest 4045), committed theft (around 01:56, Jun. 15, 2017, the Defendant, without being equipped with locking devices from the front corridor C, 201, 1301, 1301, the victim D, who was equipped with a locking device, committed theft of the victim’s property.

2. A thief on September 7, 2017 (2017 Height 4591), the Defendant: (a) committed theft with 1:50 on September 7, 2017, the Defendant, having a live pen lives of KRW 1,500 in the market price of shopping ownership, displayed at the G store located in the first floor of the F store located in Chungcheongnam-gu Hongdong-gu, Hongdong-gu, Cheongdong-gu, Seoul, with a live pen lives of KRW 1,50,00 in the market price of shopping ownership.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared D or H;

1. A protocol of seizure and a list of seizure;

1. Data to cut CCTV at the scene of a crime;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the confirmation of crimes during the period of repeated crimes);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

A. A. 1 Crimes No. 1 Crimes [Scope of Recommendations by Crimes] No. 1 Crimes [Scope of Recommendations] 2 Crimes (10 months to 2 years) in the aggravated area (10 months to 2 years) in general property (2 years) [the scope of Recommendations] of the mitigated area (2 months to 4 months to 10 months) in the mitigated area (4 months to 10 months) in the mitigated area of general property) [the person subject to special mitigation] of the mitigated area (4 months to 10 months) [the person subject to special mitigation] of the punishment not for a specific crime (a person subject to special aggravation] that does not correspond to the aggravated punishment (a person subject to special aggravated punishment)

(b) Application of standards for handling multiple crimes: October to May 2;

2. The sentence has already been imposed several times on larceny crimes, and, in particular, even if the period of release has not yet passed, recidivism has been committed.