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Reasons
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(영문) 광주지방법원 2015.05.26 2015고단332
절도
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A defendant shall be punished by imprisonment with prison labor for six months.

Reasons

Punishment of the crime

On September 17, 2009, the Defendant was sentenced to a fine of KRW 2 million in the same crime by the same court on April 23, 2010; on April 8, 2010, the same court was sentenced to a fine of KRW 4 million in the same crime; on April 3, 2010, the Defendant was sentenced to a fine of KRW 2 million in the same court on the same crime; on April 30, 2014, the same court was sentenced to a fine of KRW 4 million in the same crime; on April 30, 2014, the Defendant was sentenced to a suspended sentence of KRW 5 years in the same court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 6, 2014, at around 08:00, the Defendant accessed the victim C (Namnam and 47 years of age) with intellectual disability 3 in front of the fishery products copier in Yangdong-dong, Seo-gu, Gwangju, Gwangju, and tried to snife and snife abnormal smells in a bank, and tried to show the gap in which the victim's attention was neglected, and 330,000 won in cash was deducted from the wall under his control.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of C and D;

1. Examination of the accused by the public prosecutor;

1. Statement of the prosecutor and the police C;

1. Written statements of D;

1. A thief report, victim bank and lock photographs, CCTV photographs containing the appearance of the defendant and victim, and investigation reports, certificates of persons with disabilities, four copies of photographs, CCTV CDs (Evidence Nos. 1, 4, 5, 10, 21, 23, 24);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same attached records);

1. It is so decided as per Disposition on the grounds that there is no basic area (6 months to 1 year and 6 months) in the basic area (6 months to 1 year and 16 months) of types of theft in general property, Article 329 of the Criminal Act applicable to the relevant criminal facts and Article 329 of the Criminal Act regarding the selection of punishment for sentencing of imprisonment [Scope of Recommendation].

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