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(영문) 인천지방법원 2020.02.05 2019고단6111
절도등
Text

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

Reasons

Punishment of the crime

On May 15, 2018, the Defendant sentenced 10 months to imprisonment with prison labor for habitual larceny at the District Court of Jung-gu on May 15, 2018, and completed the execution of the sentence on October 25, 2018.

1. On August 4, 2019, the Defendant attempted to larceny: (a) around the street of the Yeonsu-gu Incheon Metropolitan City building B, Yeonsu-gu, Incheon; (b) discovered a DNA SM5 car parked therein by the victim C; and (c) entered the vehicle into the vehicle and stolen cash, etc., but did not carry the intention on the wind that the car door was locked.

2. On August 15, 2019, at around 03:19, the Defendant: (a) stolen a brush with a brushem equivalent to KRW 3 million at the market price, where the victim F was away from the body of another victim, while playing a brush caused by the brupting of the floor of the building in the south-gu Incheon Metropolitan City, Nam-gu.

"2019 Highest 9256"

3. On August 5, 2019, at around 03:11, the Defendant: (a) opened a door that was parked at the ground parking lot of the building in Nam-gu, Incheon Metropolitan City; (b) opened a door that was not corrected for the victim H-owned share or car; and (c) took cash 170,000 won while being kept inside the vehicle.

Summary of Evidence

Nos. 1 and 2

1. Statement by the defendant in court;

1. A written statement;

1. Investigation report (Confirmation ofCCTV video recording);

1. Previous records of judgment: Criminal records, references to criminal records, and crimes falling under subparagraph 3 of the judgment;

1. Statement by the defendant in court;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Articles 329 and 342 and 329 of the Criminal Act concerning the crime and the choice of punishment, respectively, Articles 329 of the Criminal Act;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing criteria;

A. Aggravations for the larceny of general property [Type 3] Aggravations for the larceny [Special Aggravation]: Aggravations for the same type of repeated crime not falling under specific crime Aggravated Punishment [Recommendation and Recommendation Scope], 1 to 3 years imprisonment.

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