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(영문) 광주지방법원 2015.10.08 2015고단980

절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On January 27, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court on June 15, 2014, and completed the execution of the sentence.

【Criminal Facts】

On December 31, 2014, at around 14:30, the Defendant found the victim E’s poter cargo vehicles parked without being temporarily set up on the Dat in Gwangju Northern-gu, and then stolen them with 200,000 won in cash owned by the victim and 2700 won in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. CCTV-cap photographs;

1. Previous convictions in judgment: Inquiries into inquiries, copies of written judgments, application of Acts and subordinate statutes concerning the current status of personal punishment reduction and confinement;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. The reason for sentencing of the proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes [the scope of recommending punishment] thieves on general property (10 months to 2 years) and the aggravation area (10 months to 2 years) of the aggravation area (specially under) [the sentence] of the same repeated crime [the defendant] was sentenced to two years of suspension of the execution of imprisonment with prison labor for larceny, etc. at the Gwangju District Court on October 17, 2007; on December 27, 2012, the defendant was sentenced to four months of imprisonment with prison labor for the same crime; on April 27, 2013, the execution of the sentence was completed on April 27, 2013; the defendant again committed the crime in this case during the period of repeated crimes even though he did not appear for more than six months from the end of execution of the sentence due to the previous offense; the defendant confirmed the location of the present vehicle damaged by the road on which the passage of the vehicle was low, and confirmed evidence 36 13.