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(영문) 창원지방법원 통영지원 2019.10.01 2019고단899

절도

Text

A defendant shall be punished by imprisonment for four months.

Seized evidence No. 5 shall be returned to the victim B.

Reasons

Punishment of the crime

On August 3, 2019, at around 23:35, the Defendant opened a steering house of 170,000 won, which was parked at a terminal parking lot of a passenger ship in Tong-si, Tong-si, 234, and used a new world gift certificate of 170,000 won, which was located in the contact gate. On the same day, at around 23:45, the Defendant entered the said vehicle by the same method, and stolen the property owned by the victim and 10,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes to the scene of the crime, photographs of the scene and the scene of the crime, CCTV closure photographs and seized articles;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

1. The scope of punishment by law: Imprisonment for one to six years;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types] thief for general property [Type 2] general larceny [Special thief] mitigation elements: Living penalty [The area of recommending punishment and recommending punishment] mitigated area, imprisonment with prison labor for 4 months through October;

3. The Defendant, who was sentenced to the sentence of larceny in 2008, was sentenced to eight months of imprisonment with prison labor or more, and was issued a summary order in 2009 and 2010. On February 13, 2019, the Defendant still committed the instant crime without being aware of the issuance of a summary order of one million won as a result of larceny, and even on February 13, 2019, committed the instant crime without being aware of the issuance of a summary order of one million won as a result of larceny, and is also planned and specialized in theft law, such as repeatedly taking vehicles with no corrective device into account as the object of parking.

In addition, the amount of damage is relatively small, a part of the stolen goods can be seized so that the damage can be recovered, the defendant's mistake is recognized, and all of the sentencing conditions shown in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc.