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(영문) 제주지방법원 2020.06.04 2020고단935
절도
Text

A defendant shall be punished by imprisonment for a month.

Reasons

Punishment of the crime

On March 29, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny and a fine of 300,000 won in Jeju District Court on March 29, 2017, and completed the execution of imprisonment with prison labor on October 22, 2019.

On November 17, 2019, at the front of the C cafeteria located in Seopopo City B, Seopopopo City B, the Defendant opened a door-to-door driver’s seat of the victim D, which is the victim D, parked in that door and stolen it with one credit card of the victim and one golf time meter equivalent to 300,000 won in the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A report on the occurrence (thief), related photographs, internal investigation reports (to hear the details of damage and confirm the site of accident), photographs, internal investigation reports (to verify the image of a passenger car boomed in the Elifaf), each closure photograph, CD, investigation report (to verify CCTV images of the F convenience point);

1. Previous records: Criminal records, inquiry reports by individuals, current status of confinement by individuals, and application of Acts and subordinate statutes to report criminal investigations (Attachment to judgment related to repeated crimes);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. On March 29, 2017, the Defendant, with reason for sentencing Article 35 of the Criminal Act among repeated offenders, was sentenced to two years of imprisonment by the Jeju District Court for larceny, attempted larceny, and intrusion upon residence, etc. on October 22, 2019, and completed the execution of the sentence in the net prison on October 22, 2019, and committed the larceny of this case during the period of repeated offense not exceeding one month thereafter.

However, there are more favorable circumstances, such as the fact that the defendant recognized the facts charged, that the defendant was sentenced to imprisonment with prison labor for larceny, etc. on January 9, 2020 after the instant case by the Jeju District Court, and that the defendant's health is not good.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - Theft: Larceny.

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