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(영문) 광주지방법원 2018.10.05 2018고단3132

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Majority Opinion] On January 17, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court on January 17, 2018 and completed the execution of the sentence on June 17, 2018.

[2] On July 20, 2018, the Defendant: (a) at the D convenience store located in Gwangju Northern-gu, Gwangju; (b) on July 20, 2018, the victim E enjoyed from the above convenience store to the above convenience store; and (c) was stolen by the victim E with two tobacco equivalent to KRW 9,000 at the victim’s market price on the table table.

The Defendant: (a) returned to the above location of the victim who was seen in the course of the theft of tobacco while escaping from the site; and (b) accessed the victim who was in the above location around 23:26; and (c) cut off the victim’s 30,000 won, with gallon 2 mobilephones, cash 40,000 won, and gallon 300,000 won, the market price of which is equivalent to 100,000,000 won; (d) one telephones, the market price of which is equivalent to 10,000,000 won; and (e) one telephone 1,000,000 won, the market price of which is equivalent to 10,000,000 won; and (e) one gallon mar mar, the victim’s market price of which is located on the table.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. E statements;

1. Protocols of seizure;

1. Each investigation report (the analysis of data on video recording around the scene, reporting on telephone conversations of victims, including accompanying documents);

1. Previous convictions: Each investigation report (including attachment of data as a result of the search of prisoners, reporting on the criminal records of the suspect's same kind of crime, accompanying documents); the application of statutes;

1. Article 329 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. The scope of recommendation [the scope of recommendation] according to the sentencing guidelines under Article 35 of the Criminal Act for aggravated repeated crimes: (a) the scope of punishment for general property [the scope of recommendation] according to the sentencing guidelines under Article 35 of the Criminal Act; (b) the mitigation area (4 months to 10 months) (special mitigation) (i.e., special mitigation]; and (c) the aggravation of punishment for specific crimes (i.e., repeated crimes).