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(영문) 광주지방법원 2018.05.24 2018고단1391
절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around 13:00 on April 10, 2018, the Defendant cut off one ton of the victim D, who was parked on the street in Gwangju Seo-gu, and one ton of the victim E, who was parked on the street before the parking lot, from the market price equivalent to KRW 135,00,00, for the victim’s possession.

In addition, it was stolen by carrying it on the hand reserve prepared in advance.

2. The Defendant who attempted to larceny: (a) taken out 2 boxes containing 50,00 won worth of 50,000 won at the market price, which is owned by the said victim, at the same time and at the same place as indicated in paragraph (1) around April 10, 2018.

In other words, the victim was dismissed, and the intention was not achieved, but was attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of Section 329 of the Criminal Act), Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act, including the long history of sentencing, has been punished several times for the same crime, and the defendant has been punished by a fine for the larceny of the same Act even within the last two years.

There are no special circumstances to consider even the circumstances leading to the instant crime.

Compensation for damage, or failure to receive a letter from the injured party.

Even if considering the following favorable circumstances, it is necessary to select and punish imprisonment.

However, a suspended sentence shall be imposed in consideration of the favorable circumstances, such as the fact that the amount of damage caused by the instant crime is not much high, and the fact that the Defendant acknowledges and reflects his mistake.

In addition, in consideration of the defendant's age, sex, environment, circumstances after the crime, sentencing guidelines for larceny crimes (a sentence in the mitigated area considering the case belonging to the basic area or the amount of damage), etc., the punishment as ordered shall be determined.

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