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(영문) 인천지방법원 2016.11.24 2016고단6845

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On August 27, 2013, the Defendant was sentenced to 8 months of imprisonment for larceny, etc. in the Suwon District Court’s Ansan Branch on August 27, 2013, and completed the execution of the sentence on March 17, 2014.

【Criminal Facts】

Around 16:30 on August 30, 2016, the Defendant cut off the victim C and D, which were placed on the sperm in the “Seonam-gu Park,” located 84-gil 29,000 in the Yeonsu-gu Incheon. Around 16:30 on August 30, 2016, with one cellular phone equivalent to KRW 300,000 in the market value of the victim C and one cellular phone equivalent to KRW 50,000 in the market value of the victim D.

around 09:30 on September 28, 2016, the Defendant: (a) stolen one copy of the right of KRW 10,000,00 owned by the victim from the victim F's house located in Yeonsu-gu Incheon E and 302 on his/her book by using the gaps in which the victim was locked; and (b) cut off one copy of the right of KRW 10,000,000 on his/her book.

Summary of Evidence

"2016 Highest 6845"

1. Defendant's legal statement;

1. C’s statement;

1. Photographss, such as a photograph of a CCTV at the scene of a CCTV, and images of CCTV at the scene of occurrence;

1. Previous records of judgment: Criminal records, etc. and investigation reports (criminal records and reports on repeated crimes of suspects and reports on the same kind);

1. Defendant's legal statement;

1. A written statement;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

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

1. Application of the sentencing criteria;

(a) Second category (general larceny) of larceny for general property: (a) a repeated crime of the same kind which does not correspond to an aggravated area (10 to two years) (10 to a person under special circumstances) for general property;

(b) Second offense (Scope of recommendations) for general property, which does not correspond to the aggravated area (10 months to 2 years) for the larceny category II (general larceny) for general property (10 months to 2 years) (10 years) (10 years to 2 years);

(c) Type 3 (Scope of Recommendation).