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(영문) 의정부지방법원 고양지원 2018.02.02 2017고단3481
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 21, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny at the District Court of the Republic of Korea on April 21, 2015, and on March 12, 2016, the Defendant completed the execution of the sentence in a prison of the Government.

On October 3, 2017, the Defendant stolen the property of the victim at night, male, with a 172,00 won in cash owned by the victim K, and an identification card, etc., located above the top of the ticket box in the Cheongju bus terminal located in Heung-gu, Seo-gu, Seo-gu, Pung-gu, Cheongju, Pung-si. 6.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. A photograph of a CCTV course;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation report (verification of the completion of execution), - Status of acceptances by individuals, application of a copy of judgment, and statutes;

1. Relevant Article 329 of the Criminal Act, the choice of imprisonment and punishment for the crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general property, which does not fall under the aggravated area (six months to one year) (special aggravation) of specific crimes (special aggravation) for the larceny area of general property; the same type of repeated crime not falling under the aggravated area of specific crimes;

2. The fact that the defendant was sentenced to punishment for the same kind of crime, and that the defendant again committed the crime of this case without being aware of it during the period of repeated crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects his mistake, and some of the thefts are considered to have been returned to the victim, etc. are favorable to the defendant.

In full view of the above circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing as shown in the previous theories, the punishment as ordered shall be determined.

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