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(영문) 수원지방법원 평택지원 2015.08.27 2015고단1038

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On March 21, 2008, the Defendant was sentenced to six years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chuncheon District Court, and completed the execution of the sentence in the port prison on December 15, 2013.

【Criminal Facts】

On March 14, 2015, at around 13:30 on March 13:30, 2015, the Defendant: (a) accessed the victim E, who is moving on the Do newsletter, and was in possession of a congested gap, and then cut off the wall containing 50,000 won in cash from the bank.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. CCTV photographs;

1. Existing number of subparagraph 1 of the seized evidence;

1. Previous convictions indicated in judgment: Criminal records, results of search by prisoners, and application of the same Act and subordinate statutes;

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

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

1. Determination on the application of the sentencing guidelines of Article 48 (1) of the Confiscation Criminal Act: The scope of recommending the sentencing guidelines of applicable O: consideration of all circumstances, including the fact that the crime is serious due to the crime of larceny of general property Type II (general larceny) and the crime of O retailing of general property (from June to June), the fact that the victim does not want the punishment of the defendant;