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(영문) 수원지방법원 2014.09.17 2013고단2468

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Suwon District Court on April 26, 2012 and completed the execution of the sentence on July 19, 2012.

On December 2, 2012, around 23:00, the Defendant discovered a motor vehicle parked in a French apartment complex located in the Young-gu, Suwon-si, Suwon-si, and then stolen a motor vehicle with 5Dmark 2 carmarked 1,700,000, which was owned by the victim's name and non-scriptive boxes (on the back side of 5Dmark 1,70,000 won).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The name of a note and the purchase account book;

1. Photographs;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports by the prosecution (recidion of repeated crimes and report on confirmation);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [type of crime] : (a) Class 2 of the thief for general property of the thief military - mitigated element of general larceny (special person] - the basic area of aggravation of living style - [territory and scope of recommendation] - From six months to one year and six months of imprisonment [decision of sentence] - The above sentencing factors and the defendant may have the same criminal records and, in particular, commit the crime in this case even though they are repeated crimes due to the same crime, in light of the fact that the above sentencing factors and the defendant committed the crime in this case during the period of repeated crimes; (b) the defendant's criminal records during the period of repeated crimes of the same kind; and (c) the fact that the defendant's mistake is recognized; and (d) the