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(영문) 광주지방법원 해남지원 2017.03.23 2017고단58
절도
Text

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

Reasons

Punishment of the crime

On January 21, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny, etc. in the Gwangju District Court's Netcheon Branch on January 21, 2015, and completed the execution of the sentence in South prison on June 19, 2016.

1. On January 29, 2017, the Defendant: (a) around 10:20, at around 10:20, 2017, at the after door operated by the victim D, the Defendant: (b) obstructed the entrance door of the place in the Gun; (c) entered the mouth by opening a correction device in the container using the container; and (d) committed theft with two Gi-ri, which contain a total sum of 60,000,000 won of the market price in the water tank.

2. On January 30, 2017, around 07:35, the Defendant: (a) opened a correction device and entered the correction device; and (b) took three Gwangju Ri, which contains a total of 600,000,000 won of the market price in the water tank; and (c) stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A report on the results of field identification and a report on personal information of a convict DNA;

1. A copy of a sufficient photograph, one copy of a CCTV image leakage, six related photographs, one copy of a photograph, one copy of an I CCTV photograph, and one copy of a photograph comparing CCTV time with the CCTV time;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (verification of the period of repeated crime and report on attachment of similar military records), one copy of personal confinement status, one copy of search results of prisoners, and one copy of the judgment, respectively;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing guidelines [Scope of Recommendation] Larceny for general property: (a) in the mitigated area (from August to one year) (in case of special mitigation/increased) [Special Mitigation] outside indoor residential space; (b) in the same type of repeated crime (the scope of final sentence due to the aggravation of multiple crimes) that does not fall under the aggravation of specific crimes (the scope of aggravated punishment)] from August to two years.

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