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(영문) 인천지방법원 2020.08.26 2020고단5753
절도등
Text

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

Reasons

Punishment of the crime

[criminal power] On August 16, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Incheon District Court, and on June 27, 2019, the same court sentenced one year of imprisonment with prison labor for larceny, etc. on May 10, 202, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution.

【Criminal Facts】

1. The thief Defendant stated in the criminal charge column of the indictment on June 10, 2020 as “........” However, in light of the Defendant’s statement and other evidence, it is apparent that it is a clerical error in the Defendant’s statement and other evidence, and thus, it shall be corrected ex officio.

At around 12:19, in the parking lot of the Bupyeong-gu Incheon Bupyeong-gu B building, the victim C was found to have a car owned by the victim C, opened a back door of the driver's seat and opened the back door, and the panty gate, the market price of which is equivalent to KRW 50,000,000, with one smartphone, one panty gate in the market price of KRW 30,000,000, and one panty gate in the market price of KRW 1,000,000.

2. On June 22, 2020, the Defendant attempted to larceny (i.e., the Defendant), at the parking lot for the building in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and (ii) discovered G Cost Star passenger car owned by the victim F, which was parked therein, and opened a driver’s seat and coloring the object to be stolen by entering the car, but did not carry the intent at the wind of the victim.

Summary of Evidence

1. A written statement prepared by the police with respect to F of the defendant's legal statement of the defendant F, and a written report by the department related to reporting the 112 Incident and notifying the department related to the seizure list (Evidence List No. 12): The criminal records, etc. inquiry records, personal confinement status, investigation report by the defendant, and other Acts and subordinate statutes shall apply;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Articles 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be two times or more of imprisonment with prison labor for the same crime.

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