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(영문) 의정부지방법원 고양지원 2014.08.22 2014고단1120
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On March 7, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for the acquisition of stolen goods at the Sung-nam Branch of Suwon District Court, and completed the execution of the sentence on November 9, 2013.

Around 06:00 on April 20, 2014, the Defendant cited and stolen a gallon 2 mobile phone device of an amount equivalent to 900,000,000 won at the market price where the victim E was placed in the head of the victim, by using the gaps in which the victim E was divingd.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Investigation report (specific suspect);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to criminal records of a suspect), judgment, application of Acts and subordinate statutes to the status of personal identification and confinement;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Sentencing guidelines for sentencing under Article 35 of the Criminal Act among repeated offenders: thief crime, theft against general property, Type 2 (General thief), basic area, period of repeated crime due to the Defendant’s crime of acquiring stolens as indicated in the judgment relating to mobile phones from six months to one year and six months, and committing the instant crime during the period of suspension of execution due to the crime of storing stolens (Seoul District Court Decision 2012No5568 Decided January 9, 2013). The Defendant committed the instant crime during the period of suspension of execution due to the crime of storing stolens (Seoul District Court Decision 201Da5568 Decided January 9, 2013). The

In the course of investigation, the fact that the defendant wants to take the defendant's wife by agreement with the victim, and that the defendant seems to have an attitude against the defendant is favorable to the defendant.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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