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(영문) 서울동부지방법원 2017.01.26 2016고단1512

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On May 15, 2013, the Defendant was sentenced to one year of imprisonment for special larceny, etc. at the Seoul Western District Court (Seoul Western District Court) and completed the execution of the sentence on January 29, 2014.

[2] On July 15, 2014, the Defendant: (a) from around 03:00 to around 07:00 to around 07:00, the Defendant: (b) committed a theft of the victim’s property by having one set of a ballon and one half of the market value equivalent to KRW 300,000,000 in the market value of the victim, which was the victim’s possession in the air conditioning cel 301 located in Nam-gu, Southern-gu, Southern-gu; and (c) by having one ballon of the victim’s property.

Summary of Evidence

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

1. Statement made by the police against D;

1. Criminal records indicated in the judgment: Application of a reply to inquiries, such as criminal history, text 2 of the judgment, and personal identification and acceptance status Acts and subordinate statutes;

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

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

1. Scope of recommending punishment on the sentencing guidelines: Imprisonment with prison labor for up to two years, the area of aggravation (up to two years for general larceny) of the category two (up to two years). - The special aggravated person: The same type of repeated crime not falling under the aggravated crimes of the specific crime;

2. The sentence shall be determined as ordered by taking into account the following circumstances: (a) the Defendant, who was sentenced twice to imprisonment with prison labor for larceny; (b) the Defendant committed the instant crime even during the repeated crime due to larceny; (c) the Defendant committed the instant crime; and (d) the victim’s damage has not been recovered due to the extenuating circumstances, taking into account the fact that the investigative agency recognized the crime as favorable to the Defendant; and (d) other conditions of sentencing specified in the trial process, including the Defendant’s age, sexual conduct; and (e) the circumstances before