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(영문) 인천지방법원 2016.08.11 2016고단3790
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 5, 2016, around 01:45, the Defendant discovered the victim D who was under the influence of alcohol in front of the elevator of the first floor of the building located in the Namdong-gu Incheon Metropolitan City, and accessed the victim by taking advantage of the gaps in which the victim was locked, and then abused the money and valuables, and then, at the gallon-ju, the victim was able to steals 300,000 won and 10,000 won check, cash, 50,000 won, resident registration certificate, 1 head of the resident registration certificate, 1 head of the transportation card, 249,000 won, and 1 head of the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (on-site inspection, etc.);

1. Taking into account the fact that the pertinent Article of the Criminal Act and Article 329 of the Criminal Act regarding the crime committed, Article 329 of the selective sentencing of imprisonment, and Article 329 of the Criminal Act have served several times of suspended sentence of imprisonment with prison labor for the same kind of crime, but recidivism was committed during the suspended sentence period of the same crime, and the fact that a person has already been sentenced to a fine by repeating the suspended sentence period and has already been sentenced to a fine during the suspended sentence

In specific sentencing, in addition to the above sentencing factors, the victim is not subject to the punishment of the defendant by agreement with the victim, the amount of damage is small, and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the age, sex, environment, etc. of the defendant, as shown in the records and arguments of this case, shall be determined as ordered by taking into account.

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