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(영문) 부산지방법원 서부지원 2020.01.09 2018고단2114
절도
Text

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

Reasons

Punishment of the crime

On May 25, 2018, around 19:14, the Defendant: (a) saw that the key of the vehicle of the BMW car owned by the victim C is sticked, and operated as it is, the Defendant: (b) 1,000,000 won at the market price, and 1,70,000 won at the 10,000,000,000 won at the 20,000,000 won at the 20,000,000 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to confirm the occurrence of reports, on-site photographs, and fingerprints of thiefs;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 329 of the Criminal Act;

1. Scope of punishment by law: One to six years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]. The scope of larceny [type 2] general larceny [the scope of recommending area and recommending punishment] and the basic area of punishment, six months to one year and six months; and

3. Determination of sentence: The defendant, who has been sentenced to eight months of imprisonment, runs counter to his mistake while making a confession of the crime in this case.

However, even though the defendant had been punished for the same crime two times, the defendant committed a second offense, and even though the amount of the damage was not much, the damage was not completely restored.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions indicated in the records of this case, such as the background of the crime of this case, the circumstances after the crime, the age, happiness and health status of the defendant.

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