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(영문) 대구지방법원 영덕지원 2018.09.05 2018고단160
절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 26, 2018, the Defendant was sentenced to six months of imprisonment with prison labor due to larceny, etc. in the Gangnam District Court's Gangnam Branch, and on June 19, 2018, the Defendant completed the execution of the sentence in the Gangnam Prison.

1. On August 3, 2018, the Defendant intrusiond the victim’s residence via an open entrance for the purpose of theft of the object when the victim D, located in the Gyeongjin-gun, Chungcheongnam-gun, Chungcheongnam-do around 17:00, and infringed on the victim’s residence.

2. A thief: (a) the Defendant: (b) placed on the victim D’s cash, KRW 6,000, which is placed on the new launching site; (c) one driver’s license; (d) one driver’s license; (e) one resident registration certificate; (e) two post office physical cards; (e) two copies of Korean Bank Cze Card 2; and (e) one cut off the victim’s property and one cut off the victim’s property, in which the basic health education on construction safety was contained in a number of pages 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Each investigation report and internal investigation report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of such previous history and the confirmation of repeated crimes);

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (Influence of residence, choice of imprisonment), and Article 329 of the Criminal Act (Influence of intention and choice of imprisonment);

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

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with the punishment heavier than that prescribed by larceny) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than 18 years;

2. The scope of recommended punishment [the scope of recommended punishment] according to the application of the sentencing guidelines for general property: the mitigated area (eight months to one year and six months) of the mitigated area (the person subject to special mitigation] [the person subject to special mitigation] the crime of livelihood, the crime not subject to the aggravation of the specific crime (the person subject to special aggravation]. The same type of repeated crime not subject to the aggravation of the punishment;

3. The following circumstances and the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

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