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(영문) 인천지방법원 2016.05.26 2016고단1637
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to six months of imprisonment for larceny at the Incheon District Court, and the execution of the said sentence was terminated on February 18, 2016.

around 13:53 on February 24, 2016, the Defendant: (a) in the “E” restaurant operated by D in the Southern-gu Incheon Metropolitan City C and C, and the Defendant: (b) opened an entrance that was not corrected by the victim F, who is the wife of D, using the gaps in the main room; and (c) cut off cash of KRW 2,00,000, the victim’s possession on the Kabter; (b) one copy of the Agricultural Cooperative Card; (c) five copies of the Bank Card; and (d) one room for women of MCM, the market price of which is unknown, with which the victim F, who was the wife of D, did work in the main room.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on investigation (verification of the amount of damage inflicted on the victim);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence, identification of each individual and status of confinement;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The defendant shall be sentenced to a punishment in light of the fact that he/she repeats the crime without reflecting the past record (including seven times of imprisonment) that he/she has been punished several times for the same crime as the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes, and that he/she corresponds to the same

In the specific sentencing, the above sentencing factors, other than the above sentencing factors, recognize the defendant to commit the crime, and consider various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sex, environment, etc., as shown in the records and arguments of this case, shall be determined as ordered.

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