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(영문) 인천지방법원 2016.08.11 2016고단3877
절도
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal records] On May 21, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for habitual larceny at the Incheon District Court, which became final and conclusive on May 29, 2015, and is currently under suspension of execution. On June 1, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny at the above court, and the judgment becomes final and conclusive on June 21, 2016.

[Criminal facts]

1. On September 19, 2015, the Defendant: around 04:30 on September 19, 2015, at E stores operated by the victim D, located in the Seo-gu Incheon Metropolitan City City, brought about a tent in order to bring up goods covered earlier, and brought about a theft of 1,200,000 won at the victim’s market price, one red ginseng X-ray equivalent to KRW 60,000,000, and one 60,000,000 won at the market price, and one 0,000,000, more than KRW 60,000,000: The Defendant brought about a theft of 15,60,000, more than 30,000,0000, at around 16, 2016 and 15,000, more than the market price.

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A list of CCTV photographs and stolen articles, related photographs, records of seizure, and a list of seizure;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (verification during the period of probation and the continuation of appellate judgment);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the defendant had been punished more than 10 times for the same kind of crime, there is no agreement, and re-offending during the period of the same suspended execution, etc., it is disadvantageous.

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