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(영문) 춘천지방법원 원주지원 2014.10.29 2014고단827
절도
Text

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

Reasons

Punishment of the crime

On January 8, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the main branch of the Chuncheon District Court on January 8, 2014, and completed the execution of the sentence in the main prison on August 11, 2014.

1. On September 4, 2014, around 12:10 on September 4, 2014, the Defendant committed the crime against the victim C, citing money and valuables equivalent to KRW 8.20,000,00 in total, including one female gate, one cash 20,000, and one bank with two credit cards, in which the market value of the victim’s 400,000,000,000 won was placed on the knickter operated by the victim C, which was located in the “E” shop operated by the victim C, the victim C.

2. From September 10, 2014, around 09:40 on September 10, 2014, the Defendant committed the crime against Victim F with money and valuables worth KRW 1.6 million, including a gallon 41 unit, cash 570,000,000, and a gallon 1.60,000,000,000,000 won in the market value of the victim’s land owned by “G” operated by the Victim F, the victim F, who was placed on the seat of the victim, was deprived of the victim’s land by taking advantage of the money and valuables equivalent to KRW 90,00,00,000,00 in the market value of the victim’s land.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Police seizure records;

1. Photographs of damaged articles;

1. Previous records: Application of Acts and subordinate statutes to inquire criminal records, etc. and criminal investigation reports (revolving repeated crimes and reporting on confirmation);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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. The scope of punishment by law: Imprisonment with prison labor for not more than 18 years;

2. Application of the sentencing criteria;

(a) Determination of types: thief, theft against general property, and second types;

(b) Special Aggravation: Aggravation factors (Cumulative repeated crimes of the same kind);

(c) Scope of recommendations: Aggravation, 10 months to 2 years.

3. Determination of sentence: Imprisonment with prison labor for 10 months [fluoral circumstances] relatively low in size; provisional return of certain damaged items [fluoral circumstances]; identical repeated crimes; non-agreement; and non-agreement; and

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