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(영문) 수원지방법원 안산지원 2016.01.06 2015고단3020

절도등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On July 12, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on July 12, 2012, and completed the execution of the sentence at the female prison on October 16, 2013.

Criminal facts

1. A thief: (a) around September 22, 2015, the Defendant: (b) 01:30 on September 22, 2015, the victim D’s E-5 tons of cargo vehicles set up at the front of Ansan-si, Ansan-si, with a view to taking off the thief, and then, (c) took one half of the market value equivalent to KRW 300,000,00 in the market value, which was owned by the victim at the front of the 300,000 square meters.

A. On September 22, 2015, around 04:55, the Defendant attempted to steal an article located at the victim G H Lribe, which was set up in the Fstro at the Fstro in Sinh City, after having knife the driver’s seat knife, and tried to steal the article. However, the Defendant did not commit an attempted act on the wind that does not have a door.

B. On September 22, 2015, the Defendant, around 04:56, failed to commit an attempted crime, even though he/she tried to commit a theft of an article located at the scene of the victim J's K M& car that was set up at the front of the I.D. on September 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of G and J;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and current status of expropriations by one statute;

1. Relevant Article 329 of the Criminal Act (the point of Section 329), Articles 342, 329 of the Criminal Act (the point of attempted larceny) and choice of imprisonment with prison labor for the 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. Standard for sentencing [Scope of Recommending Punishment] credits for general property: The same type of repeated crime not falling under the mitigated area (4 months to 10 months) (special mitigation) (special mitigation / special mitigation / special mitigation / repeated crime) for living;

2. The defendant who was sentenced to sentence has led to confession of the crime of this case;