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(영문) 광주지방법원 목포지원 2016.12.08 2016고단1183
절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around 09:05 on September 23, 2016, the Defendant: (a) opened a driver’s seat of the E-U-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

On February 9, 2011, the Defendant, “2016 Highest 1280,” was sentenced to imprisonment with prison labor for special larceny, etc. by the Seoul High Court of Chuncheon on February 9, 201, for a maximum of three years and a short of two years, and completed the execution of the sentence at the Kimcheon Juvenile Reformatory on August 18, 2013.

1. On March 25, 2016, the Defendant: (a) around 01:0 on March 25, 2016, the Defendant: (b) opened a driver’s seat of a G-learning passenger car parked in front of 801, a iron-based apartment with a light length of 01:0 on March 25, 2016 and 27, and cut off documents containing KRW 400,000,00 in cash, including one PC PC, and one 120,000 in the market price owned by the victim in the said passenger car.

2. On April 28, 2016, the Defendant, on April 28, 2016, sent a door to the Defendant by inserting the Defendant’s hand from the 11105-dong-ro 1105 side of the iron-based apartment 1105, which was parked by the Defendant at the time of light lighting of the new wall, within the 30,000 won of the market price owned by the victim in the said car, and cut off the door by taking the Defendant’s hand from the string window, which is opened by the victim H, and by taking the Defendant’s 30,000 won in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, H and F;

1. Records of seizure, photographs, and reports on the results of field identification of the police;

1. Each report on investigation;

1. Previous records of judgment: Application of criminal history records, investigation reports (written judgments for repeated crimes and information on confinement) and other Acts and subordinate statutes;

1. Articles 329 and 329 of the Criminal Act, the applicable law of criminal facts, and the choice of punishment;

1. Article 35 of the Criminal Act for Aggravation of repeated crimes (i.e., larceny of March 25, 2016 and April 28, 2016),

1. The defendant's error of sentencing reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes.

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