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(영문) 인천지방법원 2015.05.28 2015고단979
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On April 25, 2013, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Gwangju District Court’s Support for Magpoon on January 2, 2015.

[2015 Height979] On February 26, 2015, at around 21:50, the Defendant: (a) obstructed the victim D, who was walking around the Defendant’s front of the Dong-gu Incheon Metropolitan City, by approaching the road; and (b) stolen one finger of the amount of KRW 25,000 at the market price of the victim’s shoulder.

[2015 Highest 1846] On February 16, 2015, the Defendant, within the main point of “F” located in Sinpo City E on February 22, 2015, took a 430,000 won in cash, which was owned by the victim under the supervision of the main client of the city where the victim was locked and was drinking together with “F” located in Sinpo City E, which was stolen.

Summary of Evidence

[2015 Highest 979]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of damaged articles (2015 highest 1846);

1. Defendant's legal statement;

1. Each police statement of H and G;

1. Investigative Report-Related to ascertaining the contents of cellular phone messages of H [the previous conviction in the market];

1. Application of Acts and subordinate statutes on criminal records, etc., investigation reports (verification of the same kind of force of a detained suspect and repeated crime), and inspection and confinement status of each individual;

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Class 1 (Determination of Punishment) (2015 Height979) [Determination of Punishment] thief for general property: thief for types 3 (Special Convicts): - Aggravation factors: For identical repeated crimes not falling under special circumstances (i.e., determination of the recommended sphere), aggravated area (i.e., imprisonment with prison labor for one year or three years) (i.e., general person), mitigated area (i.e., general person): Where considerable damage has been recovered;

2. Type II (general larceny) for the larceny of general property (determination of types) (general larceny) (general larceny).

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