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(영문) 수원지방법원 평택지원 2017.12.22 2017고단2094
절도
Text

The crimes of paragraphs 1 and 2-A of the judgment of the defendant shall be punished by imprisonment with prison labor for two months, and the crimes of paragraph 2-b of the judgment.

Reasons

Punishment of the crime

[criminal history] On November 5, 2015, the Defendant was sentenced to six months by imprisonment with prison labor for an attempt to larceny at night at the Suwon District Court’s Eunpyeong District Court’s site site, and on December 1, 2016, the Defendant was sentenced to six months by imprisonment with prison labor for an injury in the Daejeon District Court’s red support on December 1, 2016 (which became final and conclusive May 9, 2017), and completed the execution of the final sentence in the Daejeon District Court’s Daejeon District Court on January 6, 2017.

[Criminal facts]

1. On August 11, 2015, the Defendant, as the other party to the crime, entered the “E” establishment for the operation of the victim C in Ansan-si, A, and removed KRW 200,000 in cash from the Kabro-si, in cash.

In other words, they stolen them.

2. Other crime against the victim F;

A. On August 11, 2015, the Defendant: (a) entered the “H” business establishment of the victim F in Ansan-si on August 11, 2015, and take cash of KRW 1,000,000 in the Kabterece.

In other words, they stolen them.

B. On October 12, 2017, the Defendant: (a) entered the said “H” establishment on October 12, 2017; and (b) stolen KRW 980,000 in cash in the Kashter Spanece.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and C;

1. Each photograph;

1. Previous convictions: References to inquiries, investigation reports (verification of repeated crimes, etc.), and application of Acts and subordinate statutes on the acceptance status of individuals;

1. Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to larceny around October 12, 2017)

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to larceny on August 11, 2015 and attempts to larceny at night recorded in the record of a crime for which judgment has become final and conclusive, and attempts to larceny at night;

1. Grounds for sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act (an inter-party for larceny on or before August 11, 2015);

1. In the case of larceny on August 11, 2015: None of the sentencing guidelines is applied. On October 12, 2017, in the case of larceny [the scope of recommending] on October 12, 2017, the mitigation area (4 months to October 10) (special mitigation) of the mitigation area (4 months to October 10) of category 2 (the scope of punishment) of the larceny in general property, which does not fall under the aggravation of the specific crime (a repeated crime)

3. Determination of sentence;

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