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(영문) 광주지방법원 2019.11.29 2019고단2638
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 13, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Gwangju District Court on November 24, 2017, and revoked detention on September 19, 2017.

However, the term of punishment shall be calculated from the date the judgment becomes final and conclusive (Article 84(1) of the Criminal Act), and the number of days of detention before the judgment is included in the custody of imprisonment in full (Article 57(1) of the Criminal Act). As such, the period of punishment shall be deemed to have been completed on November 24, 2017, which is the date the above judgment becomes final and conclusive.

The execution of the above punishment was completed.

【Criminal Facts】

1. On September 24, 2018, around September 24, 2018, the Defendant: around 13:13, around September 24, 2018,: (a) committed theft, leading one bicycle at the victim D’s market price located in the Dong-gu Gwangju metropolitan area, leading one bicycle amounting to KRW 150,000,000, at the victim D’s market price.

2. Around June 5, 2019, around 03:18 on June 5, 2019, the Defendant: (a) committed theft by towing one bicycle at the location described in paragraph (1) at around 03:18; and (b) at the victim D’s market price owned by him/her at least KRW 80,000.

3. On June 21, 2019, around 07:07, the Defendant: (a) committed larceny by towing one bicycle bicycle at the victim G level equivalent to KRW 200,000,00 in the market value of the victim’s G located at the Dong-gu, Gwangju around June 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and D;

1. On-site photographs and evidence photographs;

1. Previous records of judgment: Application of criminal records, reply reports and the current status of accommodation of each individual;

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

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

1. From among concurrent crimes, a punishment is to be imposed because it is inevitable for a strict punishment in light of the fact that the crime is a repeated crime due to the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and that the same crime has been committed.

The sentence appears to have been returned to the victims, and the crime is committed.

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