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(영문) 서울북부지방법원 2016.03.17 2016고단211

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 7, 2016, at around 21:10, the Defendant: (a) opened a door-to-face driver’s seat of the Etran vehicle owned by the victim D, which was parked without locked from each other; and (b) stolen four cash 4,820 won and 1,000 won in the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Statement made by the police against D;

1. Police seizure records;

1. Written statements of D;

1. Internal photographs and damaged objects of the vehicle;

1. Application of Acts and subordinate statutes to investigation reports;

1. The relevant Article of the Criminal Act, Article 329 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The scope of applicable sentences under law: Imprisonment for one month to six years; and

2. The scope of the recommended punishment for the sentencing guidelines [the scope of the recommended punishment] shall be limited to the mitigated area (the imprisonment of eight months to one year and six months) (the special mitigated person] in cases where he/she intrudes into places other than indoor residential spaces (the four types).

3. On August 21, 2015, the Defendant, who was sentenced to six months of imprisonment with prison labor for the purpose of larceny at night at the Seoul Central District Court, and two years of suspended sentence, was sentenced on August 29, 2015, and the judgment became final and conclusive and conclusive on August 29, 2015, and committed the instant crime without weight despite the period of suspended sentence for the same kind of crime at the time of the instant crime, and the victim is punished, etc., disadvantageous to the Defendant; or the Defendant is deeply divided and reflected in his/her criminal act; the size of damage is relatively small; damage is returned to the victim; the victim’s age, family relation, and all other circumstances shown in the instant argument, including the Defendant’s family relation, shall be determined as the sentence as per Disposition.

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