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(영문) 의정부지방법원 2020.04.27 2019고단4735
절도
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On December 20, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor for night-time intrusion larceny at the District Court, and completed the execution of the sentence in a governmental prison on July 8, 2018.

【Criminal Facts】

1. On June 22, 2019, from around 12:46 to 21:00 on the same day, the Defendant stolen the victim B, with a post office house type articles located in the front of Macheon-si apartment D, and with the victim B’s market price equivalent to KRW 249,00,00 between the victim B, 120, 120, 120, 120, 120, 200, 3, 2, 2,000, 2,000.

2. On June 22, 2019, from around 12:00 to June 13:00, 2019, the Defendant stolen the victim E’s health, food, nutrition, etc. worth KRW 450,000 of the market price owned by the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence of a theft;

1. Each written statement E and B;

1. On-site photographs;

1. Records of seizure, list of seizure, and photographs of seized articles;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (pre-offenders of suspects and confirmations) and Acts and subordinate statutes;

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

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 punishment by law: One month to eighteen years;

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

(a) Class I (Determination of thief) thief (Determination of thief) thief for general property; thief [Class I] thief for neglected objects, etc. (special stief for a person): Reduction element: In the area of mitigation of the same repeated crime (recommended area and recommendation range) that does not correspond to specific crime Aggravated Punishment: Imprisonment with prison labor for one month to six months;

(b) Class 2 (Determination of thief) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief th

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