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(영문) 전주지방법원 군산지원 2017.06.30 2017고단484
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Jeonju District Court on May 31, 2016, and completed the execution of the sentence at a military prison on October 27, 2016.

【Criminal facts” around 13:40 on April 28, 2017, at the Hague shop operated by the victim D, the Defendant: (a) around 13:40 on the day North Korea-do, North Korea-do; (b) opened a glicknet in the victim D; and (c) held a cash 3,597,000 won in the victim’s possession; (d) a gift coupon in the amount of KRW 110,000 in face value; and (e) a verification color in the amount of KRW 120,00 in the market value in five passbooks.

Accordingly, the defendant stolen the victim's property amounting to KRW 3,827,00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements prepared in D;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the confirmation of the facts of crimes during the period of repeated crimes);

1. Relevant Article 329 of the Criminal Act (a point of view) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for the reduction of mental and physical weakness [the scope of recommending punishment] of the grounds for sentencing under Article 10(2) and Article 55(1)3 of the Criminal Act [the scope of recommending punishment] of the basic area (six months to one year and six months), (special mitigation) [the person subject to special mitigation] of mental and physical weakness (no one responsible for himself)] / [decision on sentence] of the same type of repeated crime not subject to the aggravation of specific crimes (decision on punishment] of the same type of repeated crime (decision on punishment] is highly likely to cause the injury of the crime during the period of the same class of repeated crime, but there was a significant possibility of suffering from mental and physical weakness due to stimulative disorder, and there may be expectation to treat the defendant in consideration of the relationship between the defendant and his family.

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