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(영문) 창원지방법원 진주지원 2019.10.30 2019고단1013

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 14, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the territorial branch of the Chuncheon District Court on November 14, 2018, and completed the execution of the sentence in the Gangnam Prison on February 25, 2019.

On August 8, 2019, at around 14:25, the Defendant: (a) followed “C” located in Hadong-gun B, Hanam-gun, and (b) opened the entrance door of the said house without locking and entered the living room, and stolen it with a total of KRW 50,000,000,000, located in the wall belonging to the victim D, which was located on the front line.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, references to criminal records, repeated crimes of suspects, and Acts and subordinate statutes to check and investigate them;

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Mitigation of deaf-mutes: Articles 11 and 55 (1) 3 of the Criminal Act;

1. Aggravation for concurrent crimes: Reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Scope of recommendations according to the sentencing criteria: The basic area (type 4) of theft (type 4) for intrusion theft in general property from one year to two years;

2. The sentence was rendered during the period of repeated crime.

On the other hand, the crime was recognized and the damaged goods were returned to the victim.

In addition, a sentence lower than the lower limit of the recommended sentence shall be imposed in consideration of the health conditions, environment, etc. of defendants.