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(영문) 서울중앙지방법원 2017.01.12 2016고단5999
절도
Text

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

Of the perjury 1 of 2016 No. 4688, 500 foot c. c. 2.

Reasons

Punishment of the crime

[Criminal Records] On June 4, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Seoul Central District Court on January 4, 2015 and completed the execution of the sentence on October 4, 2015.

[2016 Highest 599]

1. On August 14, 2016, the Defendant: (a) parked on the front road in Jung-gu Seoul Special Metropolitan City around 05:00 on August 14, 2016; (b) laid down his hand with the window of a vehicle on which the victim E was on board; and (c) cut off with one room equivalent to KRW 50,000 of the market price, which is owned by the victim and was owned by the victim, which is KRW 750,000.

[2016 Highest 8582]

2. On July 29, 2016, around 04:40 on July 29, 2016, the Defendant: (a) opened a door in which the victim C is opened at the parking lot located in Gangnam-gu Seoul Metropolitan Government F, Seoul; (b) opened a door in which the victim C is located; and (c) cut down with cash of KRW 2,000 in the vehicle and stolen the vehicle.

Summary of Evidence

[2016 Highest 599: Facts No. 1 of the Decision]

1. Statement by the defendant in court;

1. Statement made by the police against E [2016 senior group 8582: Facts listed in Decision 2]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocols of seizure and list of seizure [before judgment];

1. Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (verification of the history of repeated crime of a suspect), judgment, and current status of confinement of individuals;

1. Relevant Articles of the Criminal Act and Articles 329 of the Criminal Act concerning the facts constituting an offense. Article 329 of the Criminal Act (Aggravated Punishment and Selection of Imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The reason for sentencing under Article 333(1) of the Victim Return Criminal Procedure Act has the history of having been punished for the same kind of crime in the past four times (criminal punishment two times of imprisonment, suspension of execution, one time of fine). In particular, the crime of this case has been repeatedly committed during the same type of repeated crime, regardless of the severity of the damage, and there is a high possibility of criticism.

In light of these circumstances, the responsibility of the defendant is heavy.

However, according to these unfavorable circumstances, the defendant is in opposition to the confession of the facts of the crime, and is agreed with the victim E.

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