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(영문) 춘천지방법원 영월지원 2015.04.24 2013고단433

절도등

Text

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

Reasons

Punishment of the crime

On October 30, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Eastern District Court on August 30, 2012, and completed the execution of the punishment in Seongdong-gu District Court on May 10, 2013.

1. On September 4, 2013, the Defendant: around 11:30 on September 4, 2013, the Defendant: (a) stolen the Victim C’s Operation D located in Busan-gu, Busan-do; (b) the market price of which is equivalent to KRW 7,00,00; (c) call equivalent to KRW 80,00; and (d) coffees equivalent to KRW 960,00; and (c) 8,760,000.

2. On October 9, 2013, around 03:16, 2013, the Defendant: (a) went into the Felel located in Busan Shipping Daegu E, and then, (b) went into the entrance and exit door to steal the property; (c) then, (d) went into the victim G, who was in front of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the 100,00 won, with a 10,000 head of the household, who was in front of the seat of the seat,

Summary of Evidence

[2013 Height43]

1. Police suspect interrogation protocol of the accused;

1. The police statement and the investigation report with respect to C (2013 highest 554);

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A investigative report (Attachment ofCCTV photograph): References to criminal records and investigation reports (formers and attachment of court rulings, etc.) shall apply to statutes;

1. Articles 329 and 330 of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: Class 1 crime [Scope of Recommendation] for the reasons for sentencing under Article 37, Article 38(1)2, and Article 50, the mitigated area of Part 4 for the general property (Article 4) and the mitigated area (Article 8-1 and 6) [Special Mitigation] for the same repeated crime not falling under the mitigated area (Article 8-1) [Article 2 of the Criminal Act] for the same type of crime [the scope of Recommendation] for the mitigated area (Article 4-10) for the general property (Article 37) (Article 37), Article 38(1)2 of the Criminal Act, and Article 50: The final sentencing area based on the aggravated punishment due to the aggravated punishment for the multiple repeated crimes for the same kind of crime not falling under the mitigated area (Article 37:8-11).