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(영문) 의정부지방법원 2018.11.07 2018고단3920
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

(b)a small credit cooperative with the market value of 50,000 won in cash owned by the injured party.

Accordingly, the defendant stolen the victim's property by destroying part of the structure at night and impairing the location.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. On-site identification photographs;

1. On-site CCTV photographs;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 342, Article 330 of the Criminal Act concerning facts constituting an offense, and Article 331 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing in Articles 53 and 55(1)3 of the Criminal Act [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] 4 types of larceny in general property [the scope of punishment according to the sentencing guidelines of the Supreme Court], the mitigation area (where a reduction is made in case of intrusion into a place, other than an indoor residential space, the amount of punishment is not imposed, and where a person intrudes into a place, other than an indoor residential space, the amount of punishment is not imposed, and the amount of punishment is increased: the intrusion of a structure at night, etc., and the period from August to June) 1) * The sentencing guidelines is not set for the attempted larceny of a structure at night. As the sentencing guidelines is not set for the attempted larceny of a structure at night, imprisonment for not less than eight months [the decision of sentence] has been punished for a

In 2017, the Defendant again committed each of the crimes of this case even though he was sentenced to the suspension of the execution of imprisonment due to the violation of the Electronic Financial Transactions Act, and was in the suspension period.

However, during the crime of this case, the crime of larcenyd on the night structure among the crimes of this case was committed, and the amount of damage to the crime of special larceny was limited to 180,000 won.

Along with the victims, it shall be considered in favor of the victims that they have not been punished for the defendant.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record, etc., the sentence is ordered.

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