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(영문) 부산지방법원 2018.04.11 2018고단761
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 12, 2017, the Defendant was sentenced to eight months of imprisonment for larceny, etc. at the Busan District Court and completed the execution of the sentence at the Busan District Court on July 5, 2017.

On December 2, 2017, at around 02:00, the Defendant opened a door that was parked in front of the Jeonpo church located in 33, a 276-gil, Busan, Seopo-gu, Busan, and opened a door that was owned by the victim C, the market price of which is equivalent to KRW 4,00,000,000, was not corrected for the Category C, and got off the said vehicle and cut off the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Results of inquiry into personal information of the detained suspect;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the fact of a repeated crime of the same kind) statute;

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. Scope of recommendations - The aggravated area (0 months to 2 years) of Category 2 (General thief) of the thief for general property - The special aggravated person: The same type of repeated crime not corresponding to the aggravated crimes of specific crimes (a repeated crime).

2. The Defendant, who was sentenced to imprisonment with prison labor due to larceny, stolen vehicles without any particular reason and neglected on the road, even though the Defendant did not long have been sentenced to imprisonment with prison labor due to larceny.

Although the vehicle has been returned to the victim, the victim has lost his/her marriage worship in the vehicle.

In addition to the above circumstances, it is so decided as per Disposition in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.

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