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(영문) 춘천지방법원 2015.09.22 2015고단815
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 28, 2015, the Defendant was indicted of larceny to the Chuncheon District Court on May 28, 2015, and was currently pending in the appellate trial on April 2, 2014, and was sentenced to ten months in prison by the Chuncheon District Court for larceny, etc., and completed the execution of the sentence on August 8, 2014.

On May 19, 2015, at around 15:30 on May 19, 2015, the Defendant intruded into the said house through a gate opened in front of the Victim K’s house located in Switzerland, and then rejected (hereinafter “defluence”) at that place, carried out a plan to incidental the lock of the gate, and stolen the cash equivalent to KRW 100,000,000,000,000,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. Report on occurrence of a theft;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 319 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, the sentencing guidelines for the reasons for the sentencing of Articles 37(1)2 and 50 are as follows: (a) the first category of the sentencing guidelines for the first type of the larceny [Scope of recommending punishment] for general property; (b) the aggravation area (1 year and six months to four years) for the larceny area (1 year and six years); (c) the sentencing guidelines for the second type of repeated crime, which does not fall under special circumstances (a person under special circumstances), is set for the second category of crime during the period of repeated crime; and (d) it is necessary to sentence the defendant for the same crime during the period of repeated crime; and (e) considering the risk and interview of the Criminal Code

On the other hand, in consideration of the fact that the degree of damage caused by the larceny is relatively minor and the crime is divided, a punishment who deserts the lower limit of the sentencing criteria shall be determined.

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