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(영문) 제주지방법원 2015.09.21 2015고단1109
절도미수등
Text

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

Reasons

Punishment of the crime

[Attachment] On March 21, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for attempted larceny, etc. at Jeju District Court on August 17, 2014, and completed the execution of the sentence in the Second Prisons of North Korea.

[2015 Godan1109] On August 3, 2015, the Defendant: (a) around 01:55 on August 3, 2015, the victim E, who was under influence of alcohol at the park bed in Jeju, was seated next to the victim; and (b) subsequently, he did not commit an attempted crime because he did not have any stolen object, even though he did not have any stolen object.

[2015 Godan1130] On July 20, 2015, the Defendant discovered the victim G who was under influence of alcohol in front of the F at Jeju city on July 20, 2015, and stolen the victim G with a 14K boom equivalent to the market price of 770,000 won where the victim was worn by other victims.

Summary of Evidence

[2015 Highest 1109]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A photograph of the crime (2015 Godan1130);

1. Defendant's legal statement;

1. G statements;

1. Related photographs, seized objects, photographs, and on-site CCTV data (previous records on the market);

1. A statement on criminal records, etc.;

1. Results of prisoner search;

1. Application of Acts and subordinate statutes to report on investigation (verification of the expiration of term of punishment for suspects);

1. Relevant Articles 342 and 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Aggravation factors under Article 329 of the Criminal Act [Special Aggravation] Aggravation factors in the sentencing guidelines for larceny crimes to which the sentencing guidelines apply: The area of aggravation [the scope of recommending area and the scope of recommending punishment] of the same repeated crimes [the scope of recommending punishment], imprisonment for not less than one year and not more than three years;

2. Determination of sentence: One year and six months of imprisonment has already been imposed on the defendant for a crime of the same kind, and among them, the sentence of imprisonment shall be close to ten times even if he/she has already been punished for a crime of the same kind;

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