beta
(영문) 의정부지방법원 2020.10.16 2020고단4441

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 24, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jung-gu District Court on August 24, 2018, and completed the execution of the sentence in the Busan Correctional Institution on June 19, 2020, and on July 13, 2017, the Jung-gu District Court sentenced ten months of imprisonment with prison labor for habitual larceny and completed the execution of the sentence in the Ansan Correctional Institution on March 23, 2018.

Criminal facts

1. On August 13, 2020, the Defendant discovered that, around 03:43, the Defendant was not able to correct the victim D’s car driver’s seat door at the B apartment C-dong apartment parking lot in Yangju-si, B-dong, B-dong, B-dong, B-dong, the Defendant: (a) opened a vehicle door; and (b) carried 2,000 won in cash owned by the victim and stolen the vehicle.

2. On August 23, 2020, the Defendant discovered that, around 02:36, at the F apartment G-dong parking lot in Yangju-si, the victim H was not corrected, around August 23, 2020, the 30,000 won in cash owned by the victim, which was kept in the vehicle after opening a door of the vehicle and opening the vehicle and cutting down the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written statements of D and H;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One month to eighteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 (Determination of Punishment) thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th