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(영문) 인천지방법원 2015.07.08 2015고단2400
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On November 24, 2011, the Defendant was sentenced to eight months of imprisonment for larceny at the Seoul East Eastern District Court, and completed the execution of the said sentence on April 4, 2012 at the Seoul East Eastern District Court.

【Criminal Facts】

On December 2, 2014, at around 12:15, the Defendant, at the residence of the victim of the Dong-gu Incheon Metropolitan City C Apartment Complex, destroyed three precious metal (lubin, Dambin, Daar) in the aggregate of the market prices owned by the victim in the Ansan cremation Complex, which had been on the house with real estate brokers E and F, and caused the theft of three precious metals (lubin, Dambin, Daarg) at the victim's house in Dong-gu Incheon Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. A report on investigation (149 pages, 195 pages);

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a written judgment and attachment of personal identification and confinement status);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] : (a) the offense of larceny against general property is committed repeatedly more than 15 times for about 2 years and 6 months, since the Defendant committed a crime of larceny on November 24, 201, who was sentenced to imprisonment with prison labor for larceny at Seoul East District Court for the purpose of larceny on April 4, 201, and sentenced on October 208 to 10 to 2 years and 12 years, and was sentenced to imprisonment with prison labor for larceny on April 4, 2012 to 8 months, and was finished at the detention house in Seoul, and was not able to obtain reimbursement for the same kind of crime without being able to obtain reimbursement for the damage to the victim of the instant crime; and (b) the Defendant committed a crime of larceny without being able to obtain reimbursement for the same kind of punishment during the period of repeated crime.

However, the defendant has caused the crime of this case with an intention to prepare living expenses because of the poor health condition.

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