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(영문) 의정부지방법원 2019.08.22 2019고단2491

절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 17, 2017, the Defendant sentenced the Daejeon District Court to one year and six months of imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on September 14, 2018.

around 02:25 on May 29, 2019, the Defendant: (a) opened a driver’s seat with the victim D’s E QM3 car located at the Macheon-si, Macheon-si, Macheon-si, 201; and (b) opened a door to the vehicle, and opened a door to the vehicle, and carried a cash of KRW 413,000 and a tobacco of KRW 9,000 at the market price, which was located in the victim’s possession.

Accordingly, the defendant stolen the victim's property.

On March 9, 2019, the Defendant: (a) around 00:35, on March 9, 2019, 200: (b) around 200:35, the Defendant got her face part of the victim’s face while drinking alcohol and drinking alcohol in front of G in the Gu, which is located in F, G, which is located in the Gu Government-si, when the victim was her age.

Summary of Evidence

1. Previouss before and after judgments: Criminal records, references to criminal records, and the "2019 Highest 2491" of the rulings;

1. Defendant's legal statement;

1. Written statements of D;

1. Each report on investigation;

1. "2019 Highest 2507" photograph at the scene of crime;

1. Defendant's legal statement;

1. A H statement;

1. Application of statutes on site photographs;

1. Relevant Article 329 of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment), which are applicable to criminal facts, shall be applicable to the choice of punishment;

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

1. Reasons for sentencing among concurrent offenders under the former part of Article 37, Articles 38 (1) 2 and 50 (within the scope of the sum of the long-term punishments of two crimes) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to sixteen years; and

2. Scope of recommendations based on the sentencing criteria: Imprisonment for a period of ten months to two years.

(a) A Class I crime (Scope of Recommendation), thief for general property, which does not correspond to an aggravated area (10 to 2 years) for the larceny (10 to 2 years) (a special person) for general property;

(b) The scope of recommendations to commit the second crime (Assault).