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(영문) 창원지방법원 통영지원 2013.09.12 2013고단379

절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 10, 2010, the Defendant was sentenced to 8 months of imprisonment with prison labor due to larceny, etc. in the Changwon District Court’s territorial branch on December 10, 201, and completed the execution of the sentence in the Changwon Prison on June 29, 201.

On November 27, 2012, the Defendant: (a) around November 27, 2012, at the D Hospital 207 D Hospital C located in Gyeongnam-si, sent to the sick Hospital 207, and (b) tried to see that the victim E, who was hospitalized in the same family room, was receiving money from the victim E., who was hospitalized in the same family room.

On November 28, 2012, the Defendant: (a) was divingd in the sick room No. 207 above for the reasons of the above balone’s nursing; (b) took advantage of the gaps of surveillance over the victim’s head on November 28, 2012, and took advantage of the gaps of surveillance over the balone’s head; (c) deducted KRW 420,000 from the cash, which is the ownership of the victim in a toilet, and stolen the property of the victim in a way that he took the balone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (report on previous records and results of confirmation of dispositions), and personal identification and confinement status;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. According to the sentencing guidelines under Article 35 of the Criminal Act among repeated offenders, the defendant is recommended to be sentenced to 10 to 2 years of imprisonment (the recommendation of the aggravated area of the category of general larceny (the recognition of the same repeated crime as a special gravity)). The defendant can have the record of being punished for the same kind of crime, and the crime of this case is committed during the period of repeated crime for the same kind of crime, which is committed against the defendant.

However, the fact that the damage has been partially recovered, the fact that the defendant reflects the fact that the defendant is the grounds for sentencing favorable to the defendant shall be considered, and the same sentence as the order shall be determined by comprehensively considering all the