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(영문) 수원지방법원 2020.08.14 2019고단4099

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On October 27, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on June 23, 2017.

【Criminal Facts】

1. On October 26, 2018, the Defendant: (a) committed theft against the victim B on October 26, 2018, in the vicinity of the studio Cstuds parking lot, the Defendant: (b) opened a door of the victim B, and entered the door, which contains the victim’s identification card, US$ 30, etc., which was parked by the victim B; and (c) cut off one wall that contains the victim’s identity card, US$ 30, etc.

2. On October 26, 2018, the Defendant continued theft against the victim E, opened a door of the H vehicle parked by the victim E in the vicinity of the G higher parking lot located in Osan City on October 26, 2018, and stolen the vehicle with one stop for the unfash movement in the city where the victim’s physical clothes, shower goods, etc. were located on the top of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and B prepared;

1. 112. List of reported cases;

1. Photographs;

1. Previous records: Application of criminal records, etc., inquiry reports, investigation reports (the confirmation judgment during the period of repeated crimes and current status of confinement);

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

1. Article 35 of the Cumulative Criminal Act;

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Aggravation factors for the larceny of general property [Type 2] general larceny [Special Aggravation]: Aggravation area of the same kind of repeated crime [Recommendation Area and Recommendation Scope], and 10 to 2 years imprisonment with labor for the same kind of repeated crime which does not fall under the aggravation of specific crimes;

B. Second Crimes (Determination of Punishment) [Attachment 2] Larceny for General Property] Aggravation for General thief (Special Aggravation for Specific thief) : Aggravation area of the same type of repeated crime [Recommendation Area and Scope of Recommendations] which does not correspond to serious specific crime Aggravated Punishment.