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(영문) 인천지방법원 2018.12.06 2018고단7277

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant was sentenced to three years of imprisonment for special robbery, etc. by Seoul Eastern District Court, and completed the execution of the sentence on October 22, 2017.

On August 1, 2018, around 02:00, the Defendant: (a) taken off a tent which is closed in the “E Et” operated by the victim D in Michuhol-gu Incheon, Michuhol-gu, Incheon; (b) cut off with a 10 studs, etc., located in the display stand, with a 10 studs, etc., located in the display stand, from that time to October 11, 2018; and (c) stolen property worth KRW 1,716,800 in total eight times, as described in the list of crimes in the attached Table, from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, D, G, and H;

1. Police seizure records;

1. Each investigation report (on-site inspection, etc.);

1. Each CCTV photograph, photograph of the place of crime, and photograph of the suspect;

1. Previous convictions: References to inquiries, investigation reports (verification of facts during the period of suspect repeated crimes), application of Acts and subordinate statutes concerning expropriation;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes of Class 1 [Scope of Recommendation] Crimes of larceny for general property: Two types (General thief) in the mitigation area (from April to October) (Special mitigated Persons] in the living penalty;

2. A second-class crime (aggravating punishment) committed against general property: A second-class crime (aggravating general larceny) mitigated area (a period from April to October) (a person with a special mitigation) committed against general property;

3. Crimes of Type 3 (Scope of Recommendations) in the area of mitigation (from April to October) (special mitigation factors) in the area of mitigation for Class 2 (General thief) in general property;

4. The scope of final sentence due to the aggravation of multiple offenses: April to June 10.

5. The sentence of sentence is a criminal defendant having the same criminal records and several criminal offenses committed during the period of repeated crimes.

The number of crimes is reasonable, and one of the victims was agreed with, but the remaining victims were not agreed upon.

Therefore, the defendant can not be punished by imprisonment.

However, as seen in the above sentencing factors.