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(영문) 창원지방법원 2017.06.22 2017고단1374
절도등
Text

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

Reasons

Punishment of the crime

[criminal history] On June 11, 2015, the Defendant was sentenced to one year of imprisonment for habitual larceny at the Changwon District Court, and on April 17, 2016, the Defendant completed the execution of the sentence at Busan Correctional Institution.

[Criminal facts] On April 6, 2017, the Defendant returned to Korea, such as Kimhae-si, Kimhae-si, Kim F, G, etc., and had the door of a vehicle parked on the street, and had the vehicle parked on the street, and had the vehicle enter the vehicle in which the door opened, in order to steal the goods located on the vehicle.

1. On April 6, 2017, the Defendant: (a) around 01:45, the Defendant: (b) discovered a vehicle of J P, which was parked on the street in front of the H, Kimhae-si; and (c) left the door of the vehicle with the intent to steal property from the victim I, the victim I parked on the street; (d) but the door was unfolded; (e) it did not bring about any attempted crime; and (e) the Defendant left the door of the vehicle parked on the street eight occasions from that time until 02:41 of that day, such as the list of crimes in the annexed sheet of crimes, but the door was unfolded, and did not bring about any attempted crime.

2. On April 6, 2017, at around 02:47, the Defendant: (a) discovered the victim L, parked on the street in the front of the Kimhae-si, and opened an unlocked steering house, and stolen the 805,000 won in cash, which is the victim’s possession in the container in the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of L, I, N,O, P, Q, R, S, and T Preparation;

1. Reporting on occurrence of a disaster;

1. Each investigation report (No. 16, 17, and 18 once a year);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal acceptance status, summary information of the case, and application of the text of the judgment;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of Section 329 of the Criminal Act), Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. The sentencing criteria [the range of recommended punishment] The mitigated area of two types (general larceny) for general property (4 months to 10 months).

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