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(영문) 서울동부지방법원 2017.11.23 2016고단3411

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 19, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny in the support of Suwon Fagwon, and completed the execution of the sentence in a military prison on November 23, 2015.

On July 16, 2016, the Defendant: (a) at a soup crying room located on the fourth floor of the 4th floor of the building located B at Silung-si, Silung-si on July 16, 2016, the victim D was set up adjacent to the victim.

63 The key to the goods storage box was carried out by using the key to the remaining 5th floor of the above building in order to keep the goods at 63 times, and it was stolen by a 150,000 won in cash owned by the victim, 3,000 won in card, 3, identification card, driving license, etc.

Summary of Evidence

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

1. Written statements of D;

1. To make soup CCTV-cap photographs;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, current status of acceptance, and Acts and subordinate statutes to report criminal investigations (Binding the previous decisions);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. Scope of recommending punishment on the sentencing guidelines: Imprisonment with prison labor for up to two years, the area of aggravation (up to two years for general larceny) of the category two (up to two years). - The special aggravated person: The same type of repeated crime not falling under the aggravated crimes of the specific crime;

2. Circumstances unfavorable to the decision of sentence: It is so decided as per Disposition by the reason that the defendant has been sentenced to punishment for identical crimes, and the defendant has committed the crime of this case at the same time during the repeated crime period: the frequency of the crime of this case, such as the fact that the amount of damage is not significant: The defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all other circumstances, such as the situation after the crime, etc., are determined to be exempted from the scope of the recommended sentence,