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(영문) 수원지방법원 안산지원 2015.12.17 2015고단3368

절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On January 23, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in Ansan District Court’s Ansan Branch on April 27, 2015, and completed the execution of the sentence at the Sungsung Vocational Training Center.

【Criminal Facts】

1. At around 12:05 on September 24, 2015, the Defendant discovered that a motor vehicle was parked in front of the Mansan-si, Mansan-si, the victim D was not corrected, and the Defendant opened a front door of the motor vehicle and entered the inside to cut off the cash amounting to KRW 700,000 in cash located on the wall of the vehicle contact head.

2. On September 30, 2015, around 13:13, 2015, the Defendant went into the residence of the victim F, who was located in Ansan-si, Ansan-si, and intruded inside the wall, and subsequently, the Defendant cut off the victim’s market price owned by the victim, which was suffering from the said house as soon as possible, with 100,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. An entry in each statement in D or F;

1. Each image related to CCTV images, such as field photographs, photographs of surrounding CCTV data, field photographs, etc.;

1. Previous records: Criminal history records, inquiry reports (A), investigation reports (Attachment to suspects' decisions, etc.), written judgments, and application of each Act or subordinate statute stated in the information on confinement;

1. Relevant Articles 329 of the Criminal Act, Article 319 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the scope of recommending the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be limited to the mitigated area (Article 4) (Article 8(1)2, and Article 50) (Article 4) and the mitigated area (Article 8(1)6) (Article 8(1) of the Criminal Act for general property of crimes of category 1 (Special Mitigation) (Article 8-1 and 16) (Article 2). The mitigated area of mitigation (Article 37-10) for general property of like repeated crimes which does not fall under livelihood/specific crimes (Article 37(1) and Article 38(1)2, and Article 50 of the Criminal Act for general property of crime of category 2 (Special Mitigation) (Article 4-10) [Article 3