beta
(영문) 광주지방법원 2013.11.14 2013고단4187

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 6, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Gwangju District Court, and completed the execution of the sentence on May 29, 2013.

【Criminal Facts】

On August 11, 2013, at around 23:40, the Defendant: (a) opened a steering room with the victim C’s DK5 vehicle parked in the first floor parking lot of the Seo-gu Seoul Special Metropolitan City building, and entered it, and cut off one of the victim’s market prices, which includes the victim’s 6,000 won in cash, and a gratized first class car.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Photographs of damaged articles;

1. Previous records: Application of the Acts and subordinate statutes to inquiries, such as criminal records, references to criminal records, amounts of dispositions, reporting on results of confirmation, investigation reports, identifications for individuals, and current status of confinement and confinement;

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated crimes is that the defendant was punished four times for the same type of crime, and in particular, even if he is under repeated crimes after the execution of the above sentence is completed, the crime of this case is repeated within the next short period (in particular, most of the criminal facts committed by the defendant prior to and after the criminal defendant opened the door of a motor vehicle which was not corrected and stolen property, and therefore, the crime of this case and its form are the same).

However, the defendant recognizes his mistake and reflects the amount of the damaged goods, and the cash is deemed to have been recovered from the damaged goods, and other various sentencing conditions such as the motive, means and results of the crime in this case, the circumstances after the crime, the age, character and conduct of the defendant, family environment, shall be determined as ordered by the order against the defendant.