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(영문) 제주지방법원 2014.04.11 2014고단173

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 21, 2013, the Defendant was sentenced to four months in Jeju District Court for night, residence intrusion, larceny, etc., and the execution of the sentence was terminated in Jeju Prison on August 16, 2013.

On November 14, 2013, the Defendant: (a) around 14:00, at the victim D’s warehouse located in Jeju City, caused a cre in which surveillance was neglected; and (b) 20 liters of light oil owned by the victim and her water supply were stolen by carrying one copy of the cargo onto Epoter.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Photographs;

1. Previous records: Criminal records, previous records, results of confirmation of dispositions, and application of Acts and subordinate statutes concerning investigation reports (verification of the date of release);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Application of the sentencing criteria [Determination of types] thief in the area of mitigation [Determination of the recommended area] 1 to 6 months in the area of larceny against general property, unattended, etc. (special spofluor] - source of mitigation of mitigation element - source of aggravation of punishment - class of repeated crime of the same kind which does not fall under the special category of aggravation factor - range of mitigation

2. Determination of sentence: (a) considering the circumstances favorable to the defendant, such as the fact that the defendant has several records of punishment for the same kind of crime; (b) the fact that the defendant is a repeated crime; (c) the agreed fact that the victim was committed; and (d) the value of the stolen object was not so significant; and (e) taking into account the circumstances favorable to the defendant, the sentence identical to the order shall be imposed in consideration of various sentencing conditions shown in the arguments in the instant case,