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(영문) 서울서부지방법원 2016.10.06 2016고단2061
절도
Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

[Criminal Power] On July 19, 2016, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul Western District Court on July 19, 2016 and the judgment became final and conclusive as a waiver of appeal around the 25th of the same month.

【Criminal Facts】

On May 19, 2016, at around 15:15, the Defendant, while staying together with the victim E in Dong-gu, Daejeon, Daejeon, at around 802, the Defendant stolen the said vehicle by driving the said vehicle with a key of GMW car equivalent to KRW 30 million at the market price, which the victim was actually holding by taking over possession from F, the nominal owner of the vehicle, and was parked in the said apartment parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The E statement;

1. Investigation report (field investigation, etc.), investigation report (investigation of suspects and damaged vehicles);

1. CCTV photographs;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act that the defendant recommits the crime during the period of repeated crime is disadvantageous.

However, in light of the fact that the defendant is dead at the time of committing the crime, the defendant seems to have come to commit the crime contingently under physical and mental pressure, and the reason why the stolen vehicle was recovered, the intent of illegal acquisition of the object of the defendant cannot be deemed to be strong, the victim and the victim have agreed smoothly, the fact that the victim should consider equity when the judgment was rendered at the same time as the first head's criminal record, and all other circumstances such as the defendant's age, character, character, environment, health condition, and circumstances leading to the crime are considered, and the sentence was determined as ordered.

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