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(영문) 청주지방법원 제천지원 2018.09.20 2018고단257
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On August 24, 2017, the Defendant was sentenced to imprisonment with prison labor for 2 months and for larceny at night, etc. at the Cheongju District Court’s Jeju District Court’s Jeju District Court, and completed the execution of the sentence at the Cheongju detention house on January 12, 2018.

[Criminal facts] On July 8, 2018, around 01:04, the Defendant opened a door that was parked on the front of the road at 01:04, the victim D, who was parked on the front of the road at 01:00,000, and was stolen by removing a black box recording device equivalent to KRW 400,000 at the market price attached on the front and rear sides of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Criminal history: Application of an inquiry letter, such as criminal history, investigation report (criminal history of the same kind of crime as the suspect), copy of the judgment (credit support 2017, proviso 97), and Acts and subordinate statutes as a result of prisoners' search;

1. Article 329 of the Criminal Act applicable to the crimes;

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

1. Four months to ten months in the area of mitigation of punishment for general larceny, the scope of the punishment of which is recommended according to the sentencing guidelines; and special mitigation: In cases of a person who is not subject to punishment; the same kind of repeated crime not subject to the aggravation of specific crimes;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The sentence of imprisonment with prison labor for a crime of the same kind is sentenced to more than four times.

Even though imprisonment with prison labor due to night intrusion theft, etc. was completed on January 2018, the same kind of crime was committed again for six months after the execution of the sentence was completed.

The favorable circumstances: The mistake is recognized and reflected.

In agreement with the victim, the injured person shall not want the punishment of the defendant.

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