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(영문) 창원지방법원 2019.01.31 2018고단3442

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 10, 2016, the Defendant was sentenced to one year and six months of imprisonment at night in the Changwon District Court on August 10, 2016 due to intrusions, theft, etc., and completed the execution of the sentence in the Changwon Prison on October 13, 2017.

At around 00:00 on December 6, 2018, the Defendant: (a) opened a door that was parked in the front side of the 1,000 foot 1,50 foot 13,50 foot 13,500 foot 1,50 foot 9,50 foot 1,50 foot 1,50 foot 1,50 foot 2,000 foot 3,000 foot 3,00,000 in total from the above date to 04:00 on the same day; and (b) stolen the Defendant’s cash 43,760 won owned by the victims in total six times in the same manner as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of the E, C, F, and G;

1. Each statement of H and I;

1. Photographs, photographs of seized vehicles (No. 6 No. 5 of the evidence list), photographs (No. 21 of the evidence list);

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes as a result of the screening of prisoners;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, for reasons of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, various circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, which form the conditions for sentencing specified in the instant case, and the scope of recommended sentences according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court, shall be determined as per the order.

The favorable circumstances: The defendant has been led to a confession and a mistake is divided, and the crime of this case is a living-type crime whose amount of damage is minor: the defendant has been sentenced two times to imprisonment for the same kind of crime in addition to the previous conviction in the decision.