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(영문) 광주지방법원 장흥지원 2015.08.27 2015고단109
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On September 18, 2014, the Defendant was sentenced to two months of imprisonment with prison labor for larceny at the Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on November 28, 2014.

【Criminal Facts】

1. On May 2015, the Defendant: (a) opened an open door for C New Zealand car parked in front of the two houses in Gangnam-gun, Chungcheongnam-gun, Chungcheongnam-do; and (b) stolen the vehicle with KRW 8,000 in cash owned by the injured party D, located in the World Cup of that vehicle.

2. Around 03:00 at the end of May 2015, the Defendant: (a) opened an open door for a F SPP car parked in front of the E-house in Gangnam-gun, Gangnam-gu; and (b) cut off the cash amount of KRW 40,000 owned by G in the hand room located there.

3. On June 6, 2015, around 03:00, the Defendant opened an open door of the I cargo vehicle parked in front of the house H in Gangnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and stolen the vehicle with 12,000 won in cash owned by the victim J.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Written Statement;

1. Each comparison with the enemy;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to inquiry reports, identification and confinement status of each individual, and investigation reports;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the first crime (the scope of recommending punishment / [the scope of recommending punishment ] the aggravated area (10 to 2 years) of Article 2 of the Criminal Act (10 to 10), Article 2 of the Criminal Act for general property (the scope of recommending punishment / [the scope of recommending punishment / [4 to 10 months), Article 2 of the same repeated crime not falling under special (the victim J] of general property] mitigated area of mitigation (4 to 10 months), Article 3 of the same repeated crime (the person subject to special mitigation) [the scope of recommending punishment ] that does not fall under the mitigated area of punishment (4 to 4 months), Article 38(1)2 of the Criminal Act and Article 50 of the Criminal Act.

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