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(영문) 광주지방법원 2017.11.17 2017고단3214

절도

Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

[criminal history] On February 18, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual larceny at the Gwangju District Court, and on April 28, 2017, the Defendant completed the execution of the sentence at Anyang Prison.

[Criminal facts] On June 19, 2017, around 12:10, the Defendant: (a) stolen the horses located in 85-ro 8, i.e., Gwangju Northernbuk-gu; (b) in hand, the Defendant: (c) destroyed the Victim C with one wall carrying 342,00 won in cash within the hand bags installed and installed by the Victim C with an object.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police investigation report in C’s written statement;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation by the prosecution (report on the confirmation of repeated crimes);

1. Relevant Article 329 of the Criminal Act concerning a crime. Article 329 (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant is often sentenced to punishment for larceny. In addition to the recidivism during the period of a repeated crime of the same kind, the criminal liability is not easy, but it appears that the defendant, who is a person subject to the protection of interest for persons with hearing disabilities, was found to have not been satisfyed while living without his family and occupation, and the defendant was discovered immediately after the crime was committed and returned to the victim. The victim did not suffer damage and the victim stated that he does not want punishment against the defendant. Considering the above circumstances, the sentence should be imposed in full view of the circumstances that the defendant was committed during the period of a repeated crime of the same kind and was committed during the period of a repeated crime. In addition, considering the above circumstances, the sentence is harsh by taking into account only the circumstances that the defendant was sentenced to a fine, including the above circumstances and the defendant's age, sexual behavior, environment, circumstances before and after the crime of this case, and all the circumstances surrounding the crime, etc.