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(영문) 춘천지방법원 원주지원 2018.08.23 2018고단586
절도등
Text

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

Reasons

Punishment of the crime

On December 19, 2013, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and completed the execution of the sentence on September 12, 2015. On December 21, 2016, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and completed the execution of the sentence on April 28, 2018.

1. Around May 25, 2018, the Defendant: (a) from the Corner of “CMat” alcoholic beverage in “CMat” located in “CMat B, 17:12 on May 25, 2018, the Defendant: (b) cut off Nonindicted 1 Byung who was in an amount equivalent to KRW 1,180 of the market price in which the surveillance of the employees, such as the victim D, was neglected; and (c) cut down 1 Byung.

2. On May 26, 2018, around May 26, 2018, the Defendant: (a) committed theft theft by the same method at the place above around May 26, 2018; (b) 1,180 won of the market price; and (c) 1 Mauritius.

3. The Defendant interfered with the performance of official duties, who received 112 reports at the Et Office at the time specified in the foregoing paragraph 2, and received inquiries from F of police officers belonging to the Kunju Police Station E District Police Station, to ask questions about his personal information.

Along with the desire to “Chewing, Chewing,” the chest of the police officer at his hand interfered with the police officer’s criminal investigation and the handling of the 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Receipts:

1. Each investigation report (at least 9,10 times a year);

1. Photographs;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (netly 17), and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant provisions of the Criminal Act, Articles 329 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Two crimes for the same repeated crime (i.e., theft) not falling under the aggravated punishment of specific crimes (i., special aggravated punishment) in the aggravated area (i.e., October-2) (i., the scope of recommending punishment) of the reason for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (ii) [the scope of recommending punishment] of the aggravated area (i.e., general larceny) of the two types (ii) of general property.

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