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(영문) 춘천지방법원 강릉지원 2016.11.10 2016고단1206

절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 12, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny in the Daegu District Court resident support on May 12, 2015 and was released on April 29, 2016 and the parole period expired on June 11, 2016.

1. On September 3, 2016, at around 10:29, the Defendant: (a) opened a 10,400 won-in-house 10 East Sea Sports Center (hereinafter “Woo-in-Ground”); and (b) stolen the Defendant’s bags containing KRW 1,400,000 from the bank located in the steering place.

2. Around September 3, 2016, the Defendant: (a) opened a gallon of the Grantop car, which was owned by the injured party at the front of the F in the East Sea, on September 18, 2016, and cut off one mobile phone; (b) one resident registration certificate; (c) one gallon of the agricultural cooperative; (d) one gallon of the car auxiliary heat; (e) one gallon of the car; and (e) one gallon of the car auxiliary heat; and (e) one gallon of the clonon cash card; (f) one bC card; and (f) one bC card of the modern card; and (f) one calp of the prox of the market price of KRW 57,000,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Seizure records and photographs of damaged articles;

1. Each investigation report (Attachment of a photograph by cutting a black stuff image);

1. Previous records of judgment: Application of criminal records, investigation reports ( repeated crimes and their previous records and attachment);

1. Relevant Article 329 of the Criminal Act concerning criminal facts and the choice of punishment;

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

1. From among concurrent crimes, the scope of the recommended sentencing guidelines in accordance with the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is a repeated crime of the same kind for the reason of sentencing, and there are several criminal records of larceny: Six months of imprisonment, six months of imprisonment, two years and six months [six months of imprisonment, which is the recommendation and sentence for larceny against the victim C, a basic crime, six months of imprisonment, six months of imprisonment, which is the recommendation and sentence for larceny against the victim C - one year and six months [one year of imprisonment, which is the recommendation and sentence for larceny against general property, theft, two types, basic areas (non-execution of punishment, like repeated crimes), and the victim E, a concurrent crime.