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(영문) 전주지방법원 2018.04.02 2018고단272
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 19, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Jeonju District Court on August 19, 2015 and completed the execution of the sentence in the Jeonju prison on May 28, 2016.

On December 31, 2017, around 13:50 on December 31, 2017, the Defendant: (a) cut off the victim K, which was displayed on the clothes bed at the location of the L store operated by the Defendant, using one stringus with the market value of KRW 50,000,000, which is the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Police seizure records;

1. Reports on internal investigation (the sequence 6 in the list of evidence);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, such as criminal history, report on investigation (the same records as the suspect's repeated crime and the same kind of records), and

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. The scope of recommended punishment according to the sentencing guidelines [the range of punishment [the types of decisions] [the scope of recommendation and sentence] 4 months to 8 months (the basic area] 4 months - 8 months

2. In light of the fact that the Defendant, who has been sentenced to multiple punishments including the same kind of crime, has a history of repeatedly committing the same crime during the period of the same repeated crime, even though the amount of theft is small and agreed with the victim, the Defendant should be punished as imprisonment even if considering the fact that the amount of theft is small and agreed with the victim;

Determinations shall be made.

The sentence shall be determined as per the disposition, in consideration of the aforementioned circumstances, the defendant's age, sex, environment, etc., and all the sentencing conditions.

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