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(영문) 서울동부지방법원 2018.11.09 2018고단2126
절도
Text

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

Reasons

On November 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Sungnam branch support, which was executed on April 27, 2017 by the other prison.

Criminal facts

around 03:35 on June 11, 2018, the Defendant discovered a tear car parked in the street near Songpa-gu Seoul, Songpa-gu without locking the door, and opened a door of the said car and took off the goods equivalent to KRW 2.6 million in total of the market price, such as golf bond sets (2 million won at the market price), 200,000 won (6 million won at the market price), 10,000,000 won at the market price of the said car.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A report on internal investigation (including a report on the occurrence of internal investigation and CCTV confirmation), a report on investigation (a CCTV investigation at the lower point), and a report on investigation (specific suspect);

1. Each photograph;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of Acts and subordinate statutes on the acceptance status of each individual, such as a reply to inquiries, such as criminal history, investigation report (fix of judgment and summary order), and text of judgment;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] : thief crimes, thief for general property, thief for general property, and 2 (general thief for sentencing] increased factors: In cases of the same repeated crime [general sentencing factors] mitigated factors: In cases where considerable damage has been restored to a considerable part, serious reflect [the scope of recommended punishment] increased area: Ten months to two years; and

2. Determination of sentence (unfavorable circumstances) of the instant crime: The Defendant shall take away things equivalent to 2.6 million won in the market price, such as golf loans owned by the victim within a passenger car parked on the street during the new wall hours;

In light of the content of the crime, which was stolen, and the liability for the crime is not easy, and the recidivism was committed during the period of repeated crime despite the record of criminal punishment several times due to the same crime (for example, favorable circumstances). It is against the risk that the crime of this case is recognized.

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