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(영문) 울산지방법원 2016.08.02 2016고단1962
절도
Text

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

Reasons

Punishment of the crime

1. On June 14, 2016, around 15:30, the Defendant confirmed that the door of the victim B’s C car parked in the vicinity of the 5-dong community service center of Ulsan-gu, Ulsan-gu, 369-ro No. 369 was not locked.

The Defendant: (a) opened a passenger car with the victim’s string and opened a door at the time; and (b) cut off by 143,00 won in cash, debit cards, credit cards, etc. while on the string of the string.

2. On June 14, 2016, at around 16:40, the Defendant confirmed that the victim F’s senior windows of the G car parked before the “E” bath located in Ulsan-gu, Ulsan-gu, Seoul-do.

The Defendant: (a) 86,00 won in cash, which was placed on the top of the lighting, and a female-use room with credit cards, etc., was stolen by putting a hand into the steering window where the victim was locked; and (b) 1% in cash, which was opened on the top of the lighting.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against H, F, and B;

1. Police seizure records;

1. Application of Acts and subordinate statutes of photograph (No. 5, No. 7) related to each crime;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with the crimes prescribed in paragraph (2) of the same Article heavier than the circumstances) of the Criminal Act for the aggravated concurrent crimes;

1. The sentencing guidelines recommended [the type of punishment] type 2 (general larceny) [the scope of recommending punishment] mitigation element: The crime of living penalty [the scope of recommending punishment] from 4 months to 10 months (the area of general sentencing] mitigation element: considerable damage recovery and serious reflective aggravation element: Suspension of execution of the same criminal conviction (less than 10 years after the completion of execution) that does not constitute repeated offenses: Determination by comprehensively comparing and assessing the causes of suspension of execution of sentence - Major positive factors: Crime of living type - Causes of negative general factors: At least two times, the lack of relationship before and after suspension of execution is positive.

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