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(영문) 춘천지방법원 2014.09.18 2014고단727
절도
Text

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

Reasons

Punishment of the crime

On December 24, 2009, the Defendant sentenced the Chuncheon District Court to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on October 11, 2012.

1. On August 17, 2013, the Defendant, from around 22:00 to around 23:00 on August 17, 2013, 2013, committed the crime, at the D construction site located in Gangwon-gun C, and, at the D site located in Gangwon-gun C, was stolen by a ice lease product owned by the victim E, which was kept to cover the roof of the said D (the market price is equivalent to KRW 1.5 million) by spreading a ice lease product (the market price is equivalent to KRW 1.5 million), and was loaded into the F white SM5 vehicle operated by the Defendant by a siren.

2. From August 19, 2013 to 22:30 on August 19, 2013, the Defendant stolen a ice lease product owned by the said victim in the same manner at the place indicated in paragraph (1) from around August 21, 2013 to around 22:30.

Accordingly, the defendant stolen the victim's property two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An investigation report (related to setting the hours involved in the crime);

1. Previous records: Application of criminal records, etc. and investigation reports (same-class power and repeated power) Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crime;

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. Class I (Scope of Recommendation) Larceny for general property: The same type of repeated crime not falling under the aggravated area (six months to one year) (specially under way) for the larceny area; and

2. Second offense (Scope of recommending punishment) for general property: The same kind of repeated crime not falling under the aggravated area (six months to one year) (specially under special circumstances) for the larceny area (six months to one year) of general property;

3. The scope of final sentence due to the aggravation of multiple offenses: Six months to one year and six months; and

4. The defendant who was sentenced to a suspended sentence on July 16, 2001 was sentenced to a suspended sentence of 8 months for larceny, etc. at Seoul Southern District Court on July 16, 200, and on May 18, 2004.

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