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(영문) 부산지방법원 2018.03.23 2017고단6444
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 8, 2017, the Defendant was sentenced to 8 months in Busan District Court for the attempted larceny, and completed the execution of the sentence in Busan District Court on August 23, 2017.

around 04:40 on October 17, 2017, the Defendant collected 8,000 won in cash from the wallet in which the victim E was under the influence of alcohol to the victim, using the gaps in the victim E, in front of the “D cafeteria” located in Busan Dong-gu, Busan, a around 04:40 on October 17, 2017.

In other words, they stolen them.

on December 14, 2017, the Defendant: (a) deducted the victim H, who was getting on a bicycle in front of the G upper end, located in the Busan FY on December 16:17, 2017, from G upper end, of KRW 6,615,000, and one resident registration certificate, of KRW 6,615,000, and one wall containing one resident registration certificate.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the first trial record;

1. Each police statement made to E, I, H, and J;

1. Police seizure records and list of seizure;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to rulings for repeated crimes);

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

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

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

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] : 6 months to June 1 year; the scope of the final sentence due to the aggravation of multiple criminal offenses of the same kind, which do not fall under the mitigation area (six months to one year), living-type crimes (special mitigation), living-type crimes; / The scope of the final sentence due to the aggravation of multiple criminal for the same type, which does not fall under the aggravation of specific crimes (a repeated crime): 6 months to June;

2. Circumstances disadvantageous to the decision of the sentence: Imposition of a majority of criminal records of the same kind, conditions favorable to repeating repeatedly in a short period after the completion of the execution of the sentence: it reflects all the conditions of sentencing, including the defendant's age, sex, environment, motive, means, results, and circumstances after the crime, etc.

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