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(영문) 의정부지방법원 2016.04.06 2015고단4344

특수절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence referred to in subparagraphs 1 through 5 and 8 through 10 shall be confiscated.

Reasons

(a) The summary of the evidence "2015 Mano 4344";

1. Statement of the defendant in the first trial record;

1. Each police statement concerning I, G, or L;

1. Written statements of R and D;

1. Police seizure records;

1. Investigative report (Ctv) 2015 Highest 4990;

1. Statement of the defendant in the second public trial records;

1. A written statement of theO;

1. Ctv video cd "2016 Highest 382";

1. Statement by the defendant in court;

1. A written statement of Q;

1. Application of Acts and subordinate statutes of a response to requests for appraisal with the State;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 329 (Aggravated Punishment, Selection of Imprisonment), 342, 329 (Aggravated Punishment, Selection of Imprisonment) of the Criminal Act, Articles 331(1) and 330 (Aggravated thief) of the Criminal Act, Article 330 (Aggravated thief) of the Criminal Act, Article 319 (1) of the Criminal Act (Aggravated thief) of the Criminal Act, Article 319 (1) of the Criminal Act (a violation of residence and selection of imprisonment) of the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of the recommended punishment according to the sentencing guidelines* Crimes Nos. 1, 2, and 3 (Special Theft) / [Type] basic area (a year of imprisonment - two years and six months) of the theft against general property / [a person who is subject to special aggravated punishment] / Where a structure intrudes into a place other than an indoor residential space (a person subject to special aggravated punishment], the scope of the final sentence due to the aggravation of multiple crimes: one year to four years and seven months;

2. The Defendant, who was sentenced to criminal punishment, committed larceny several times, and the victims have not been recovered from damage, and there is little possibility of recovery in light of the economic situation of the Defendant.

Moreover, among the crimes of this case, some of the crimes of this case are likely to commit theft by damaging door, etc. at night by intrusion on the structure, and are highly dangerous, and are not good enough to commit the crimes.

However, although the defendant has been punished for the crime of the same kind twice in the past, there is no particular record of crime in addition to the punishment of a fine once due to drinking driving over the past 15 years.

In addition, it is difficult to maintain a basic livelihood.