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(영문) 수원지방법원 2017.12.12 2017고단4142
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 20, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Western District Court on December 20, 201, and completed the execution of the sentence on May 23, 2014.

On March 29, 2017, at around 04:25, the Defendant stolen the D hot spring 9 floor located in Suwon-gu, Suwon-si C with a 6 mobile phone with a 800,000 won of the market price owned by the victim E, which was placed adjacent to the victim, by taking advantage of the gaps where surveillance was neglected due to locking.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A receipt or CCTV image photograph;

1. The list of seized articles and photographs thereof;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, each investigation report (Attachment to the current status of personal expropriation, previous convictions and attachment of judgment) and other relevant statutes;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and

2. Aggravation of the recommended punishment according to the sentencing guidelines: Scope of the punishment [decision of type]; thief for general property; thief for general property; 2 (General thief); - None of the factors of mitigation - None of the factors of aggravation - The area of aggravation of the punishment [the scope of recommended punishment] for the same repeated crime not falling under the aggravation of specific crimes (a repeated crime) - ten months or more

3. The crime of this case, which was sentenced to imprisonment with prison labor and six months on December 2012, by committing the crime of this case, was sentenced to imprisonment with prison labor for the same kind of crime of larceny, special larceny, etc., and on May 23, 2014, before three years elapse from the completion of the execution of the sentence, it is inevitable to punish the defendant with severe penalty equivalent to his/her liability.

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