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(영문) 광주지방법원 2016.04.08 2015고단4986
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 20, 2014, the Defendant was sentenced to a suspended sentence of one year and six months at the Gwangju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to a suspended sentence of two years on the 28th of the same month, and is still under the grace period.

On March 27, 2015, the Defendant: (a) opened a door of a vehicle owned by the victim L, which was not corrected, in the 107-dong, 240-dong, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seo-gu, 2015, and taken 50,000 won in cash, including the street and paper paper, in the grobbbbbbing room.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. The descriptions of L Statements;

1. Each statement of the investigation reports;

1. Previous convictions in judgment: Application of Acts and subordinate statutes which state the previous convictions and results of confirmation;

1. The relevant Article of the Criminal Act, Article 329 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The basic area (from June to June) of the sentencing criteria [the scope of recommended punishment] for the larceny of general property (general larceny) (no person who has any special sentencing factor];

2. Although the decision of sentence was made, the amount of damage was only KRW 50,00 and the defendant deposited KRW 70,000 as the compensation for damage. However, since the defendant did not comply with the instructions of the protection observation officer even though he was given more than twice for the same crime and did not commit again during the period of suspension of execution, the sentence should be sentenced in a lump sum.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

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