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(영문) 수원지방법원 2018.07.19 2018고단3442
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal records] On December 8, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for larceny, etc. from a prison prison labor officer who was sentenced to one year on December 8, 2016, and on June 15, 2017, the same court was sentenced to eight months of imprisonment with prison labor for larceny, etc. and the judgment became final and conclusive on June 27, 2017, and the execution of each of the above punishment was terminated on May 2, 2018.

[Criminal facts] On June 11, 2018, the Defendant was parked in a parking lot in an apartment that is located in the lower line of Suwon-si, Suwon-si, Suwon-si.

C Opening a door which does not correct the SP car and opening it into the vehicle, and cutting off with cash of 20,000 won owned by the victim D at the wall that was kept in front of the SP car.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site reports (related to the verification ofCCTV);

1. Investigation report (verification of concealed CD images);

1. A police seizure protocol (voluntary submission), and a list of seizure;

1. One CD screen and one CD (a page for committing a crime);

1. Previous convictions: Application of Acts and subordinate statutes of subparagraph (A) to a reply to inquiry, such as criminal history, each investigation report (related to the period of a suspect A repeated offense, confirmation of the same kind of power and the same repeated offense period), judgment, etc., personal confinement status, results of the confinement of prisoners;

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes / [the scope of punishment for the same repeated crime, which is not subject to the aggravated punishment (six months to one year) (the special aggravated punishment)] of category 1 of the aggravated punishment area (the aggravated punishment) for general property / (the special aggravated punishment) : six months to one year [the sentence] [the sentence] that is unfavorable to the defendant : Reoffending within a short period after the release from prison (the release from prison on May 21, 2018)] of the same repeated crime of the same kind / three times (one imprisonment with prison labor, one suspended sentence, and one fine). The normal damages favorable to the defendant are insignificant, and the damage is recovered by returning damaged goods and the damage is recovered. This reflects the understanding.

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