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(영문) 인천지방법원 2018.02.09 2017고단9614
절도
Text

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

Reasons

Punishment of the crime

[criminal history] On July 13, 2016, the Defendant was sentenced to imprisonment with prison labor for at least one year and four months, such as night-time intrusion theft, in the support of Suwon Fagwon, and completed the execution of the sentence on October 11, 2017.

[2] On December 6, 2017, the Defendant: (a) while working at a convenience store operated by the victim D located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul on December 6, 2017; (b) used an opportunity for the victim to take care of the victim to take care of his/her lock toilets in cash; (c) KRW 300,000 in cash within the cash safe of the victim; and (d) KRW 1 million in cash within the convenience store.

They stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each investigation report (a report on the confirmation of weather projected images at the scene of crime, response to the results of fingerprint identification, and case of damage);

1. Confirmation of the identity of the fingerprints in the theft case, and a styp photographic;

1. Previous convictions in the judgment: References to inquiries, such as criminal history, report on investigation (A), confirmation of the expiration of the term of punishment of the person under investigation (report on attachment of the same case and report on attachment of the same case), and application

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] Scope of the punishment [specific thief] 2 types (general thief) [person subject to special sentencing] - Aggravation factors: In the area of aggravated repeated crimes of the same kind which do not correspond to the aggravation of specific crimes (decision on the area of recommendation] / [Scope of the recommended punishment] 10 months to 2 years [general person subject to sentencing] - Reduction factors: Serious reflective factors - Aggravation factors: Non- serious repeated crimes not corresponding to the aggravation of specific crimes, the same criminal offense (less than 10 years after the completion of execution) that does not correspond to repeated crimes;

2. The Defendant, who was sentenced to criminal punishment, has been sentenced to three criminal punishments, including being subject to juvenile protective disposition several times due to the same crime of larceny, and among them, has been sentenced to one suspended sentence, and has been sentenced to two suspended sentence.

In particular, the defendant is guilty of intrusion upon the same kind of dwelling at night.

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