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(영문) 수원지방법원 2016.08.17 2016고단1927
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 2, 2015, from around 00:00 to 04:00 on the same day, the Defendant: (a) performed D 203 gate 303 gate in Jin-si; (b) performed with the victim E and drinking; and (c) took 100,000 won of the market price, which is the victim’s possession in the victim’s kidr, and the victim’s occupation within the victim’s kidr, with jum jum 2 mobile phones and automobile keyss equivalent to 380,000 won at the market price; and (d) took off the property owned by the victim by driving the said f F E thart car with the said key in the amount of KRW 6 million at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. The relevant provisions of the Acts and subordinate statutes applicable to the facts constituting an offense stated in the written statement prepared by E and the grounds for sentencing under Article 329 of the Criminal Act chosen to impose punishment (elective of imprisonment);

1. The scope of recommended punishment for the sentencing criteria / [type] the scope of punishment for general property / [the scope of punishment for a person who is subject to special mitigation] mitigated area (the scope of punishment for a person who is subject to special mitigation], for April to October;

2. This provision shall not apply to cases where there are favorable circumstances, such as the fact that a person who has made a decision of sentence does not want the punishment against the defendant, and that the defendant confessions the crime;

However, in light of the fact that the Defendant had been sentenced to punishment once as a result of larceny in 2010 and was sentenced to punishment six times as a fine, but again repeated crimes of this case, the sentence should be imposed even considering the above favorable circumstances.

As to the term of punishment, in consideration of all the circumstances shown in the arguments, such as the above various circumstances, the defendant's age, sex, environment, motive for committing a crime, and circumstances after committing a crime, it shall be determined as per Disposition within the scope of the sentence for recommendation.

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