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(영문) 광주지방법원 2016.08.24 2016고단2834
절도
Text

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

Reasons

Punishment of the crime

On October 11, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and completed the execution of the sentence at the Gwangju Prison on March 1, 2014.

1. On July 6, 2016, the Defendant committed the crime: (a) around 14:40 on July 6, 2016, in a library reading room located in the first floor of the library library No. 3 of the Southern University Natural University, which was located in Gwangju Northern-gu, 77, the Defendant: (b) laid off KRW 15,000 in cash, owned by C, within the wall-to-face located in the above bank, in a library reading room located in the view room of the victim C; and (c) laid down the locking room; and (d) down KRW 15,00 in cash, owned by the victim C, within the wall located in the above bank.

L. A. L. theft was committed.

2. On July 11, 2016, the Defendant committed the crime in around July 11, 2016: around 16:08, up to the perusal room as indicated in paragraph (1) around July 11, 2016, the victim D put up the victim D to put him/her into his/her will in the perusal room; and 56,000 won in cash, which is owned by the victim D and 30,000 won in burner gift certificates, within the wall in the above locking room;

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. C and D respective records of seizure and the list of seizure lists (related to voluntary submission and seizure pictures - cash 16,200 won), investigation reports (related to the site of occurrence and CCTV photographs), CCTV photographs;

1. Previous convictions: Investigation of criminal history, report on investigation (related to confirmation of the period of repeated offense of a suspect), and application of Acts and subordinate statutes as a result of searching prisoners;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Selection of Punishment of Imprisonment);

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the scope of recommending punishment] is the reason for sentencing under Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment], and Article 2 types of larceny for general property (general larceny) [10 months to 2 years] and Article 2 of the Act on the Larceny [the special aggravated person] has the record of having been punished several times for the same crime. The crime of this case is committed again in the same manner after the defendant was sentenced to a fine for the same crime committed during the period of the same repeated crime as indicated in the judgment.

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