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(영문) 수원지방법원 평택지원 2019.06.14 2019고단600

절도등

Text

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

Reasons

Punishment of the crime

[criminal power] On November 1, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. from a member of the Suwon District Court’s horizontal Housing Site. On March 17, 2019, the Defendant completed the execution of the sentence at the Suwon Detention House.

【Criminal Facts】

1. Around 15:05 on April 17, 2019, the Defendant intruded into the worship of the instant church by entering the said church with an open entrance to the “Diplomatic Association” operated by the victim C, who was in Pyeongtaek-si B.

2. On April 17, 2019, at around 15:19, the Defendant: (a) committed a theft, taking advantage of the first floor distribution room within the “Diplomatic Association” set forth in paragraph (1), resulting in a theft of KRW 340,000 in cash owned by the victim C(39 years of age) who was on the Hun-Ba’s Hun-Ba, and subsequently, committed a theft of KRW 340,00 in cash.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A photograph of a CCTV closure;

1. Previous records of judgment: Application of criminal records, investigation reports (verification of repeated crimes, attachment to previous records and written judgments, etc.), and one copy of the current status of confinement of each individual;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Scope of punishment by law: One month to eighteen years of imprisonment;

2. The scope of recommended punishment according to the sentencing guidelines [decision of type]. The scope of larceny [type 4] for general property falls under the concurrent crimes of intrusion larceny and intrusion upon residence and the substantial concurrent crimes of larceny, but it is not classified as the category of larceny and treated as a majority crime.

[Special Emotionals] Reduction element: Aggravationd element in cases of intrusion into places other than a living type crime or indoor residential space: The area of mitigation [recommended area and recommendation range] mitigation area of the same repeated crime not falling under specific crime Aggravated Punishment (Cumulative Crime) and imprisonment with prison labor from August to June.

3. The defendant who has been sentenced to criminal punishment for the same kind of crime has been punished several times, and the same kind of crime.