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(영문) 의정부지방법원 고양지원 2017.09.22 2017고단2218
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 19, 2016, the Defendant was sentenced to one year of imprisonment for habitual larceny at the District Court of the Republic of Korea on July 26, 2016, and the execution of the sentence was completed in a prison of the Government on July 26, 2016.

On July 27, 2017, the Defendant returned the locks of bicycles equivalent to 300,000 won (rain similar mountain bicycles) at the victim E-owned market price, which was set up at the frontway in Gyeyang-gu C, Seoyang-gu, Seoyangyang-gu at around 03:45 on July 27, 2017, and led to the cancellation on several occasions.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements of E;

1. The appearance that the victim stealss a stolen bicycle;

1. References to inquiries, such as criminal history, and application of the statutes on personal accommodation;

1. Relevant legal provisions of the Criminal Act and the choice of punishment under Article 329 of the Criminal Act concerning the crime, the choice of imprisonment and the choice of punishment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the punishment recommended in the sentencing guidelines] The aggravated area of larceny (fth six months to one year) [the sentence] of category 1 of the Criminal Act for the aggravated repeated crime [the sentence] [the sentence of larceny] is committed during the period of identical repeated crimes: The crime is committed during the period of identical repeated crimes; the victim's favorable circumstances that are favorable to the victim's wishes to be punished: recovery of damaged articles; the above circumstances include the defendant's age, sex, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined within the scope of the recommended punishment.

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