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(영문) 부산지방법원 2016.12.23 2016고단4409
절도등
Text

The defendant shall be sentenced to 10 months of imprisonment with prison labor and 2 months of imprisonment with prison labor for each of the crimes set forth in the ruling 3.

Reasons

1. The application of Acts and subordinate statutes to criminal records, personal confinement status, written judgments, and investigation reports (where any data related to criminal records are attached);

1. Relevant Articles 319(1), 329, 342, and 366 of the Criminal Act concerning the crime, the choice of imprisonment with labor

1. Article 35 of the Criminal Act for an aggravated repeated crime (as to each crime listed in subparagraphs 1 and 2 in the market);

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between the crimes of larceny, etc. and the third parties who are judged in a final judgment);

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The sentence of imprisonment shall be imposed in light of the following: (a) types 1 and 2 of the holding [the scope of recommendations] for general property [the mitigated area of August to 16] (special mitigation (type 4)] in cases where a person intrudes into a place other than an indoor residential space (special mitigation (type 4) / The lower limit of the recommended punishment is not subject to sentencing guidelines * attempted larceny of the same kind which does not correspond to a specific crime (type 1). [Determination of sentence] The defendant has a variety of history of the same larcenys; (b) the defendant again commits the larceny, etc. of this case during the period of a repeated offense for which the execution of punishment has not yet been completed due to the previous larceny; and (c) no measures to recover from damage have been taken.

However, considering all circumstances, such as the defendant's approval for committing a crime, the amount of damage is not significant, the age, environment, health, etc. of the defendant.

2. The criminal defendant shall be sentenced to imprisonment with prison labor in light of the fact that each crime listed in the judgment No. 3 (the crime is not subject to the sentencing criteria as concurrent crimes listed in the latter part of Article 37 of the Criminal Act) has several times of larceny and has not recovered from

However, it shall be taken into account the equity in the case of larceny, etc. of the defendant, the fact that the defendant is attempting to commit a crime, the amount of damage, etc. at the same time as the judgment becomes final.

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