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(영문) 인천지방법원 2020.02.05 2019고단6928
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal power] On May 10, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. and 300,000 won by the Incheon District Court on August 27, 2018 and completed the execution of the sentence at the Incheon Detention House.

【Criminal Facts】

At around 11:20 on September 21, 2019, the Defendant, “2019 Man-Ma6928,” had one Soviet 7 in Samsung Gallon, the market price of which is equivalent to KRW 400,000,00,000 on the victim’s ownership, by taking advantage of the gaps in which the victim C left the place and surveillance was neglected.

Accordingly, the defendant stolen the victim's property.

On November 16, 2019, the Defendant cut off the “F” located in Yeonsu-gu Incheon Metropolitan City E, operated by the victim D on November 13, 2019, with a 130,000 won of the market price managed by the victim who was placed in the dry stand by using a cresh in which surveillance by the victim was neglected, and then cut off the victim with a 130,000 won of the market price managed by the victim.

Summary of Evidence

"2019 Highest 6928"

1. Statement by the defendant in court;

1. C’s protocol of statement of the police station: “2019 order, 9001”;

1. Statement by the defendant in court;

1. Written statements of D;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of whether a repeated crime is committed) or other Acts and subordinate statutes;

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Aggravation elements of larceny [Class 1] (A) and (a) (a) of larceny for general property; (b) an aggravated area of the same repeated crime not falling under specific crime Aggravated Punishment (a) (a) of the same kind of repeated crime (aggravated Punishment): 6 months to one year; (c) an aggravated area of the larceny for general property;

B. Class 2 (Determination of Punishment) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief

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