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(영문) 창원지방법원 2017.05.19 2017고단1133
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 17, 2016, around 01:47, the Defendant: (a) opened a front door door of a victim D, parked on the front road of the Gu, who was parked on the road in the front of the Gu C, and opened inside the inside door, and used a cash of KRW 1.2 million, which is the victim’s possession, and a gift certificate amounting to KRW 1.4 million, including KRW 200,000,000 and KRW 1.4 million.

2. On December 05, 2016, around 02:06, the Defendant opened a door that does not correct the victim G H vehicle parked in the front of the Gu F, Changwon-si, Seoul Special Self-Governing Province, and went to and stolen a cash of KRW 520,000,000, which is owned by the victim, from the bank set up and left at the top below the front of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes to each internal investigation report (6,16 times the table of evidence);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing Sentencing [Scope of Recommendation] No person who does not exist in the basic area (referring to six months to one year and six months of imprisonment) (referring to a person who is subject to special sentencing) of types 2 (general larceny) (referring to a majority crime processing criteria] [referring to 1/2 of the upper limit of the sentence range of other crimes] to the upper limit of the sentence range of basic crimes, the final recommendation sentence is six months to two years.

2. The Defendant, who was sentenced to sentence, was fully aware of the crime and went against the wrongness.

The value of stolen property is not significant.

It is also necessary to take into account the fact that the appeal court is currently pending after being sentenced to six months of imprisonment with prison labor at the first instance court for larceny of the same law committed at the same time similar to this case.

However, even though the defendant was already detained for larceny of the same law and was sentenced to a suspended sentence of imprisonment by this court, there is no doubt that the defendant has repeatedly committed a crime without being aware of the fact that he had been sentenced twice as a result of larceny.

up to the H. H. position.

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