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(영문) 춘천지방법원 강릉지원 2014.07.03 2014고단369

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 4, 2013, the Defendant is a person who was sentenced to imprisonment with prison labor for larceny in the Gangnam Branch of the Chuncheon District Court for four months, and the said judgment became final and conclusive on the 12th of the same month and is still under the suspension of execution.

On May 1, 2014, the Defendant, at around 11:40 on May 1, 201, 11:40, contained the kinds of articles 112,012, in two bags prepared in advance by the Defendant, such as California 1 factoring, which is equivalent to KRW 12,00,00, managed by the victim E, a security employee of the above burial, in the food materials store of the D 2th floor located in Gangseo-si, Gangnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A victim's statement prepared in E;

1. Receipts, on-site photographs;

1. Previous records of judgment: Application of inquiry reports including criminal records, and investigation reports (Attachment to judgments, etc. against suspects)-related Acts and subordinate statutes;

1. Grounds for sentencing under Article 329 (Selection of Imprisonment) of the Criminal Act concerning the relevant criminal facts;

1. The scope of punishment by law: Imprisonment with prison labor for not more than six years;

2. Application of the sentencing criteria [decision of types] thief group, and thief group for general property (the scope of decision on the area of recommendation and recommendation] basic area: April - August 8.

3. It is inevitable to sentence a sentence in light of the fact that the defendant who has been sentenced to criminal punishment not less than 15 times for the same crime (in particular, the defendant commits the same kind of crime by punishing three times even though he/she is under the suspension of execution for the same crime);

However, the above punishment shall be determined by comprehensively taking into account the following factors: (a) the Defendant has violated the Defendant’s depth in committing the instant crime; (b) the Defendant suffers from shock disorder, etc.; and (c) the Defendant’s age, character and conduct, family environment, background, means and consequence of the instant crime; and (d) all the conditions of sentencing specified in the records and arguments,

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