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(영문) 인천지방법원 2016.05.26 2016고단1922
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 20, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for attempted larceny, etc. in the Incheon District Court Branch Branch, and the execution of the sentence was terminated at the Ganpo Prison on February 9, 2015. On February 19, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Incheon District Court Branch Branch, and the judgment became final and conclusive on February 22, 2016.

1. A thief: (a) around December 8, 2015, the Defendant: (b) opened an underground parking lot of 15 Do-ro 15 Do-ro 6 Do-ri, Do-ri, 6 Do-ri, Do-ri, Do-ri; (c) opened an unreshioned vehicle of the victim Chiver vehicle owned by the victim B; and (d) cut off, with two copies of the victim’s blap and 60,000, 10,000 gift certificates.

2. On December 13, 2015, the Defendant attempted to larceny: (a) opened a door in the E-Industrial Complex parking lot located in Jeju city around 07:20 on December 13, 2015 at the E-Industrial Complex: (b) opened a door in the victim F, which was parked, and opened into the door in order to steal the victim’s property; and (c) attempted to the wind discovered by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B and F;

1. Each report and each theft;

1. Relevant photographs;

1. Previous convictions: References to inquiries, reports on investigation (Attachment of the judgment) and the application of Acts and subordinate statutes attached thereto;

1. Relevant Article 329 of the Criminal Act and Articles 322 and 329 of the Criminal Act concerning facts constituting a crime (the points of Section 329 of the same Act), Articles 342 and 329 of the Criminal Act (the points of attempted larceny and the choice of imprisonment);

1. Aggravation of repeated crimes and Article 35 of the Criminal Act (limited to the attempts, etc. of the first head of the crime and the judgment in question);

1. Each disposition of concurrent crimes, and the latter part of Article 37 of the Criminal Act: Article 39 (1) (limited to the crimes referred to in each of the above crimes and the first violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated in the judgment becomes final);

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is limited to one-time larceny, one-time larceny, and the extent of damage is relatively minor. Each of the above crimes is the first head of the judgment.

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