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(영문) 수원지방법원 안산지원 2021.01.14 2020고단4475
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On October 25, 2018, the Defendant was sentenced to imprisonment with prison labor of 10 months for larceny from the Suwon Giwon, and the execution of the sentence was completed at the Gisung Vocational Training Institution on May 3, 2019.

[Criminal facts]

1. On Aug. 26, 2020, the Defendant discovered and accessed the victim who was divingd on the bend of the victim’s head on Aug. 26, 2020, around 04:59, the Defendant: (a) discovered and accessed the victim’s locked on the bend of the victim’s head; (b) used the gap in the victim’s locking, brought the victim’s cash of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,000,000,000,000,00,000,00,00,00 won.

1. Statement by the defendant in court;

1. Each statement set forth in D and B;

1. On-site and related photographs, each investigation report (on-site CCTV image analysis), and each CCTV image analysis photograph;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, (A), report on investigation (the fact that the suspect is in the period of repeated crime, and previous convictions of the same kind);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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. Larceny [Article 1] Scope of the recommended punishment according to the sentencing guidelines (Article 1) / [Article 3] Larceny [Article 3] Aggravation of the General Property: Aggravation of the same repeated crime (the territory of recommendation and the scope of the recommended punishment] that does not fall under the aggravation of the specific crime (the special sentencing person): Aggravation of the same repeated crime (the scope of the recommended punishment and the amount of the recommended punishment], one year to three years;

2. The crime of this case by decision of sentence shall be committed by the victim, if the defendant has been diving at the event.

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