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(영문) 광주지방법원 순천지원 2017.03.30 2016고단2412
절도
Text

A person shall be punished by imprisonment with prison labor for two months, and a fine of two million won for the second crime in the holding.

Reasons

Punishment of the crime

On November 24, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for larceny in the Gwangju District Court's Netcheon Branch, which became final and conclusive on December 2, 2016.

1. Ath of May 19, 2016, the Defendant thief [2016 Height 2412] around 14:30 on May 19, 2016, she saw the victim E’s market price on which the victim’s E truck loaded onto the victim’s F truck on the street in front of D, which was located in C at the time of female trees.

Accordingly, the defendant stolen the victim's property.

2. From January 23, 2017, theft [2017 Height 196] around 13:30 on January 23, 2017, the Defendant stolen the victim G management, which was located in the area of a 277 unit of the male and female tree, from around 13:30 on January 23, 2017, with a total of 86,250 won in the market price displayed at that area, 3 5,00 won in the middle line of the front line of the front line of the front line of the middle line of the middle line of the middle line of the middle line of the middle line of the middle line of the middle line of the middle line of the middle line of the year, 2,000 won in the middle line of the middle line of the middle line of the year, 4,000 won in the middle line of the settlement, 2,000 won in the middle of the entrance, without calculating the following amount.

Summary of Evidence

1. Statement by the defendant in court;

1. G and E’s written statements;

1. On-site photographs;

1. Receipts for withholding transactions;

1. Photographs of damaged articles;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (the confirmation of a repeated offense and the continuation of trial), text of judgment, and search results of Supreme Court cases;

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (the imprisonment with prison labor for a crime No. 1 as indicated in the judgment and the fine for a crime No. 2 as indicated in the judgment)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On the first crime of Article 62(1) of the Criminal Act’s suspended sentence, the sentence was determined in consideration of the equity in the case of larceny at the same time as the judgment of the final judgment becomes final and conclusive with respect to the crime of larceny.

On the other hand, it is very unfavorable to the defendant that the defendant committed the second crime in the probation period.

However, the circumstances are that the defendant committed a crime with economic difficulties.

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