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(영문) 춘천지방법원 강릉지원 2019.06.14 2019고단525

절도

Text

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

Reasons

Punishment of the crime

[Criminal Justice] On October 17, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny, etc., and a fine of KRW 100,000,000,000 in the Seocho District Court’s territorial branch. On May 8, 2019, the Defendant completed the execution of the sentence.

【Criminal Facts】

On May 10, 2019, the Defendant, at around 14:00 on May 14:0, 2019, purchased goods from the 1st floor D store located in Gangnam-si B to the victim E, who is an employee, and the victim, left the victim's cell phone case in the market value equivalent to KRW 600,000,000, the victim's market value, which is the victim's possession that was set on the galtha9 cell phone and the victim's driver's license, and the victim's mobile phone case in the market value that includes two credit cards, was driving the victim.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. [Investigation Report (C CCTV image verification and attachment) - CCTV-cape photograph]

1. Previous records of judgment: Application of criminal records, inquiry reports (verification of repeated crimes against suspects), written judgments, current status of confinement of individuals), and statutes;

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

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

1. Scope of applicable sentences under law: One month to twelve years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 2] general larceny [Special thief] mitigation element: Reduction element of punishment not equivalent to the aggravation of specific crimes: Reduction area of the same repeated crime [recommended area and recommendation range] mitigated area, and April through October.

3. Circumstances unfavorable to a decision of sentence: A defendant may have the record of crimes punishable for the same kind of crime;

After release, the Defendant committed the instant crime only two days after release.

The favorable circumstances: the damaged goods have been recovered, and the victim shall not be punished.

In addition, the Criminal Act, such as the age, character and conduct, environment, health condition, background leading to the crime, means and results of the crime, and the circumstances after the crime.