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(영문) 광주지방법원 2014.02.20 2014고단304

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Justice] On May 1, 2013, the Defendant was sentenced to six months of imprisonment for larceny at the Gwangju District Court, and completed the execution of the sentence on July 15, 2013.

【Criminal Facts】

On January 27, 2014, the Defendant cut off 10,000 won of the market price owned by the victim, where the victim C was 9,000 won in cash, which was located in the victim's left side money, in the south Gwangju-ro No. 17-ro 7, Dong-gu, Gwangju-gu, Gwangju-gu, and the victim C caused the gap of the victim C's neglect of due care to sing away goods.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Photographs, etc. of damaged articles;

1. Previous convictions indicated in judgment: Criminal history records, etc., inquiry report by inquiry, personal identification, and application of Acts and subordinate statutes on the status of 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 Article 35 of the Criminal Act among repeated crimes is that the defendant has been punished several times for a crime of the same kind, and in particular, even after the execution of sentence is completed due to the same kind of crime, repeated crimes of this case are committed (the repeated crime also commits a theft of the victim by the same method as the crime of this case in the market). In light of the fact that the defendant committed a repeated crime of this case, it is inevitable to strictly punish the defendant.

However, the defendant's mistake and reflects that the amount of damage in this case is relatively small, and the damaged product is expected to have been recovered to the victim, and other various sentencing conditions such as the motive, means and result of the crime in this case, the circumstances after the crime, the age, character and conduct of the defendant, family environment, etc. shall be determined as ordered by the decision.