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(영문) 광주지방법원 2017.06.15 2017고단1825
절도등
Text

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

One seized hedge (No. 1) shall be returned to the victim's name and the person who is not the victim's name.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant was sentenced to two years of imprisonment for habitual larceny, etc. at the Gwangju District Court, and completed the execution of the sentence on March 5, 2017.

1. From March 2017, the Defendant committed the crime at the end of the end of March, 2017, at the accommodation of a seafarer with the flowers located in Jindo-gun around 15:00, around the end of March, 2017, with one hedging set of the market price and one cellphone owned by the non-victimed victim, using the gaps in which surveillance around the Defendant was neglected.

2. On April 2017, the Defendant: (a) went into the “Eel” managed by the victim D in Seo-gu, Seo-gu, Gwangju, for the first time in April 2017, and went into the “Eel” method that did not correct the victim’s jobs; and (b) went into the Republic of Korea with a single swine 50,000 won in cash owned by the victim.

3. On April 19, 2017, the Defendant committed the crime: (a) around 08:45 on April 19, 2017, the victim G operated in Gwangju Northern-gu around 08:45; (b) intruded the victim into an office that has not been corrected by using the string of the strings; (c) intruded the victim’s household room and wall; and (d) stolen the victim’s household room and wall, and 70,000 won in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D or G preparation;

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

1. On-site photographs, on-site CCTVs, and CCTV recording records on moving dong lines of the suspect, and the hedge photographs of seized articles;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, and Article 329 of the Criminal Act concerning the choice of punishment (abstinence, choice of imprisonment with prison labor), and Article 319 (1) of the Criminal Act (abstinence into residence and choice of imprisonment with prison labor);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Application of the sentencing criteria;

(a) 1) 1 (the sentencing criteria for each crime) 1 (the scope of recommending punishment / the scope of recommending punishment / the general property).

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