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(영문) 광주지방법원 목포지원 2017.01.20 2016고단1467

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On October 7, 2015, the Defendant was sentenced to seven months of imprisonment for larceny at the Daejeon District Court, and completed the execution of the said sentence on May 4, 2016.

[2] On November 13, 2016, the Defendant: (a) committed a theft by towing one set of approximately 300,000CC 50,000 at the market price, which is the victim’s possession before the victim D’s house located in Newanan-gun, Newan-gun, Seoul around 0:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Investigation report (with regard to the specified time and time of the damage) and the ozone photography of the damaged part;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of suspect A repeated crime);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. The reason for sentencing Article 35 of the Act on the Aggravated Offense is that the Defendant appears to have the light to recognize and reflect the instant crime, the amount of damage is not so much, and the said damage was returned to the victim, and the agreement is reached with the victim during the instant trial.

On the other hand, the fact that the defendant was punished several times for the same crime, and in particular, completed the execution of imprisonment with prison labor sentenced for the same crime and committed the crime in this case during the repeated crime period is disadvantageous.

In addition to each of the above sentencing grounds, various circumstances revealed in the arguments of this case, such as the defendant's age, sex, family relation, environment, circumstances after the crime, and results, shall be comprehensively considered and decided as ordered.