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(영문) 수원지방법원 2019.02.11 2017고단6929

절도

Text

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

The defendant shall pay 4,101,000 won to B who made an application for compensation.

3.2

Reasons

Punishment of the crime

【Criminal Power】 On October 26, 2015, the Defendant was sentenced to imprisonment with prison labor in Suwon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Jeju District Court on February 17, 2017.

【Criminal Facts of crime” around October 2, 2017, the Defendant, while working as Eversar students at Eve points operated by the victim B, the wife population D, on October 2, 2017, was stolen by putting the sum of KRW 4,101,000 in cash amounting to KRW 2,791,000, merchandise coupon 1,310,000, and KRW 4,101,000,000, which were owned by the victim, who was on the part of his or her household population D, due to his or her care being neglected.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Before dealing with the 112 reported case; and

1. Investigation reports (related to addition of damaged articles);

1. On-site photographs and investigation reports (Attachment to CCTV images at the site);

1. Previous convictions: Application of criminal records, etc. inquiry reports (A), investigation reports (determination of repeated crimes and confirmation of the date of release);

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. B which is an application for compensation: Article 25 (1) 1 and Article 31 (1) 1 and (2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings;

1. B which is an application for compensation declaration of provisional execution: Article 31 (3) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings;

1. C, which is the rejection of an application for compensation: Reasons for sentencing (based on the fact that the applicant for compensation is not identified as the victim) under Articles 32 (1) 2 and 26 (1) of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings;

1. One kind of repeated crime not falling under an aggravated area (10 to 2 years) in the area of aggravated punishment (10 months to 3 years) for general property (10 months to 4 years) in applying the sentencing criteria (Scope of recommending punishment)

2. The Defendant, in addition to his previous conviction, has been punished more than 10 times prior to the instant case, including imprisonment with prison labor more than 6 times for a crime related to the larceny, in addition to his previous convictions as indicated in the judgment.

The defendant is sentenced to imprisonment with prison labor for larceny, but commits a repeated crime.