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(영문) 의정부지방법원 고양지원 2018.07.12 2018고단1204
절도
Text

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

Reasons

Punishment of the crime

On May 24, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Goyang Branch of the District Court, and completed the execution of the sentence in the Jung-gu prison on October 7, 2017.

Criminal facts

1. On March 24, 2018, the Defendant: (a) committed a theft on March 24, 2018, 2018, citing 12 km and 4 km and miscellaneous lines, such as air conditioners, and air conditioners pipe pipes, which are located in front of a used goods shop in the name of “D” located in Il-dong, Yongsan-gu, U.S. C.; (b) KRW 172,000 in the market price managed by the victim E; and (c) KRW 12 km and 4 km in the air conditioner pipes.

2. On April 15, 2018, around April 15, 2018, the Defendant: (a) stolen the 6kg and 2 kg of miscellaneous line, including air-conditioning pipes, at the same place as above, the market price of the victim owned by the Defendant; (b) around April 15, 2018.

3. On May 8, 2018, the Defendant: (a) committed the crime, around 03:15 on May 8, 2018, 2018, citing 5 km, such as air-conditioning pipes, etc. equivalent to KRW 22,500, the market price owned by the victim at the same place.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Copies of historical records;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice 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 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [Scope of Recommendation] / The reason for sentencing under Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Crimes / [Article 50 of the Act on the Aggravated Punishment of Specific Crimes / The punishment shall be determined by comprehensively taking into account all the conditions for sentencing, such as the following circumstances and the defendant’s age, environment, motive for and background of the crime, means, result, etc.

The fact that the defendant confessions and reflects a crime, the real name of one eye is a crime committed while the labor ability is insufficient, and the amount of damage is not very significant.

It has been sentenced to punishment for larceny in total four times, which is one of them.

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