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(영문) 의정부지방법원 2016.09.07 2016고단2657
절도
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

[Criminal Justice] On July 1, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of attempted special larceny, etc. at the District Court, and on July 11, 2015, the Defendant completed the execution of the sentence in a medical prison.

【Criminal Facts】

On May 17:56, 2016, the Defendant: (a) committed a theft by using one bicycle (a model name) of an amount equivalent to KRW 500,000,000, at the parking lot of “JAA” located in Nam-si, Nam-si, Nam-si; (b) the victim K was expected to use one bicycle (a model name) at the victim K, which is expected to be on the wall; and (c) the market value of which is the owner thereof, was neglected.

Summary of Evidence

1. Defendant’s legal statement

1. The image of K’s statement of damage, as shown in the investigation report (in the field, the investigation of the visual chart);

1. Previous records of judgment: Criminal records, probationary records, report on the results of confirmation of the previous dispositions, judgment 2014 highest 1126, application of Acts and subordinate statutes to the status of personal confinement;

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act concerning the facts of crime;

1. The reason for sentencing of Article 35 of the Criminal Act / [Scope of Recommendation] / The reason for sentencing of Article 35 of the Criminal Act / The criminal act committed the crime of this case when the defendant is also committed the crime of this case during the period of repeated crime due to the same crime.

Defendant has already been subject to criminal punishment, such as punishment for the same kind of crime.

In light of this, the sentence of sentence is inevitable.

However, the defendant's mistake is recognized and depthed.

A bicycle single, which can be seen as being neglected without correction, is stolen, and the damage is relatively minor.

In consultation with the victim, the victim does not want to punish the defendant.

The Defendant appears to have committed the instant crime in an unsound health condition and in an difficult economic situation.

In this context, the scope of recommendations on the sentencing criteria and other defendant's age, character and conduct, environment, motive, means and result of crime shall be followed.

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