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(영문) 춘천지방법원 원주지원 2016.03.29 2016고단15

특수절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 5, 2012, the Defendant was sentenced to imprisonment for ten months as an attempt to commit robbery in the Jeju District Court's original branch, and completed the execution of the sentence in the female prison on May 4, 2013. On October 7, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny and completed the execution of the sentence in the original prison on April 6, 2015.

On December 10, 2015, at around 19:50, the Defendant: (a) opened the entrance door locks of the victim D, which were located in C, and destroyed, destroyed, and intruded into the inner entrance, and then stolen the property of the sum of KRW 73,500,00,000 in the market price, with only 1 copy of the right to use the victim, 70 knife, 6 knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs by cutting off on-site photographs, CCTV video images, or CCTV video images;

1. Documents verifying the sunrise and sunset hours of the Korea Meteorological Administration;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommended punishment] [the grounds for sentencing under Article 53 and Article 55(1)3 of the Criminal Act [the scope of punishment] 4 types of larceny for general property [the scope from August to January 6] mitigation area (special mitigation ] (the person who is not responsible for him ] mental and physical weakness (the person who is not subject to special mitigation ] ] 4 months imprisonment with prison labor for the same kind of repeated crime not subject to punishment / special punishment (the decision of sentence] : The defendant committed the crime of this case during the repeated crime period for the same crime. However, the defendant has a disability with judgment and impulse adjustment as the person with disabilities, and the crime of this case is judged to have been committed under a state of mental and physical disorder due to the above disability.

And the amount of damage is less than the amount and agreed with the victim.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.