beta
(영문) 춘천지방법원 원주지원 2020.02.19 2019고단657

절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 23, 2018, the Defendant was sentenced to imprisonment with prison labor for night-time intrusion larceny in the main branch of the Chuncheon District Court on May 23, 2018, and completed the execution of the sentence in the Chuncheon Prison on December 19, 2018.

On March 17, 2019, at around 20:25, the Defendant: (a) cut a hacker, which was prepared in the parking lot of the building B, with a hacker, and was possessed in advance, cut the locks; and (b) cut off a bicycle equivalent to KRW 1,200,000 at the market price of the victim C, which was corrected in pipes.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. 12 Reporting, processing records of cases, and criminal investigation reports, and application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article 329 of the Criminal Act concerning criminal facts: Article 329 of the Criminal Act;

1. Aggravation of repeated crime: The reason for sentencing under Article 35 of the Criminal Act was recovered, and there are favorable circumstances for the defendant, such as that the defendant is able to repent his mistake in depth. However, the defendant has been committed in this case within the repeated crime period due to previous and previous crimes (the defendant committed the crime in this case since three months have not passed after release). Furthermore, in light of the method and result, the crime in this case was committed without any agreement with the victim, and the motive and circumstance of the crime in this case, the circumstances after the crime was committed, the defendant's age, occupation, family relations, health conditions, etc., and all other circumstances, such as the motive and circumstance of the crime in this case, the circumstance after the crime was committed, the defendant's age, occupation, health status, etc. are considered.