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(영문) 인천지방법원 2017.03.23 2016고단8610

절도등

Text

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

Reasons

Punishment of the crime

[criminal history] On June 29, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Busan District Court’s Vice Branch branch on November 8, 2013 and completed the execution of the sentence in the original prison on November 8, 2013.

[2] On August 10, 2016, at around 13:10 on August 10, 2016, the Defendant discovered that the above office entrance was opened, and intruded into the office through the entrance, and then, he did not collect 50,000 won in cash from the wall of the victim E, where he was placed on the wall of another office.

As a result, the theft was committed.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. E statements;

1. A photograph of the suspect by cutting a black stuff image and a report on the investigation of the victim;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (verification of the period of repeated crime), application of Acts and subordinate statutes to report on investigation (Attachment to written judgments by suspect, etc.);

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (influence of buildings), Article 329 of the Criminal Act (influence of intention) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of the recommended punishment] / The reason for sentencing under Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of the punishment] 4 types of larceny for general property [the special mitigated person] where a person intrudes into a place other than an indoor residential space (the special mitigated person] / (the type 4) where the person subject to special aggravated punishment does not fall under the aggravated punishment for specific crimes (the decision of sentencing] / The defendant recognized his/her mistake and reflects his/her fault in October.

However, it is a crime during the period of repeated crime.

It has been 4 times of sentence, 2 times of suspended sentence, 7 times of fine, and most of the same criminal records in this case.

In particular, in 2014 and 2016, the crime of this case was committed even if the person was punished by a fine.

The damage was not completely recovered.

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