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(영문) 의정부지방법원 2020.05.12 2020고단1429
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 20, 2019, the Defendant was sentenced to larceny, etc. at the District Court of the Republic of Korea on September 20, 2019 and completed the execution of the sentence on November 29, 2019.

At around 01:20 on March 15, 2020, the Defendant stolen goods worth KRW 7,600 on a total market price of KRW 7,600 on two occasions on the same day as indicated in the list of crimes in the attached Form, from “D convenience store” operated by the victim C, which is operated by the Government of the Government of the Gyeonggi-si, B, and the victim’s day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each victim;

1. On-site photographs, receipts of damaged articles, and photographs of damaged articles;

1. Investigation reports (on-site CCTVs) and investigation reports (3. 15. 01:27 Crime CCTV images);

1. Previous records of judgment: Criminal records, inquiry reports (A), report on the results of confirmation of the previous dispositions, judgment and current status of confinement of individuals;

1. Relevant Article 329 of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

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. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Aggravation factors for the larceny of general property [Type 2] general larceny [Special Aggravation]: Aggravation area of the same kind of repeated crime [Recommendation Area and Recommendation Scope], and 10 to 2 years imprisonment with labor for the same kind of repeated crime which does not fall under the aggravation of specific crimes;

(b) Aggravation of the Second Crimes (Determination of Punishment) [Type 2] Aggravation of the thth thth thth thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th thth

(c) Scope of recommendations according to the standards for handling multiple crimes: Ten months to three years (the maximum limit of crimes No. 2) of imprisonment;

3. The defendant who was sentenced to a sentence has stolen;

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