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(영문) 광주지방법원 2016.03.10 2016고단172

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

After the search and seizure color, one set of rash and one rails on emergency, shall be from the defendant.

Reasons

Punishment of the crime

On April 5, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seo-gu District Court Branch, and completed the execution of the sentence in the Daegu Prison on August 1, 2013. On April 21, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for habitual larceny and completed the execution of the sentence in the Ansan prison on July 20, 2015.

At around 02:10 on January 14, 2016, the Defendant: (a) laid down the driver’s seat loss of D freight vehicles parked by the victim C in Geumho, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 95-11, and laid down the inside inside, followed up the inside, and stolen KRW 5,00,00 in total, KRW 4 of the Obbus fri, and KRW 30,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. Investigation and reporting on the details of arrest, etc. and video CDs on the criminal scene;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of data for entering a case detained as a criminal record of the same kind of crime);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing of Article 48(1) of the Confiscation Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] The mitigated area (4 months to 10 months) for general property, which does not fall under the mitigated area (special mitigation) [special mitigation (special mitigation)] living-type crime / special aggravation (decision of sentence] of the same kind of repeated crime which is not the same kind of crime (a repeated offense). The defendant is divided in depth by recognizing the crime of this case.

The damage amount of the instant case is KRW 5,00, which is extremely unhutiled, but the Defendant had been punished for the same kind of crime, several times, and the instant case was reduced during the period of repeated crime.

In addition, it is decided as per Disposition by comprehensively taking into account the circumstances leading to the instant case and all other circumstances.