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(영문) 광주지방법원 2021.02.18 2020고단6412
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 26, 2019, the Defendant was sentenced to ten months of imprisonment with prison labor due to the intrusion of structures at night at the Jeju District Court due to larceny, etc., and completed the execution of the sentence on October 26, 2019.

【Criminal facts】 The Defendant, around 16:55 on December 10, 2020, committed a theft by releasing KRW 440,000 in cash from the victim’s right back to the end of the end of the victim’s losses, and extending back to the end of the victim’s length.

On November 17, 2020, the Defendant: (a) around 09:25 on November 17, 2020, the Defendant: (b) placed in the North-gu, Gwangju, North-gu, and the F convenience store in the amount equivalent to KRW 108,00,00 of the market price of the victim G (a 17-year acid) in the bank, and stolen the Defendant.

Summary of Evidence

[200 Highest 6412] Defendant’s legal statement

1. A report on the investigation into seizure records of H in the police statement of D (in relation to the attachment of field photographs and CCTV image data, the attachment of CCTV images), such as a CCTV-cap photograph, etc., CCTV video CD [20 highest 6603];

1. The photograph of the criminal defendant's legal statement theft case [the records of the judgment]

1. Application of Acts and subordinate statutes to an inquiry letter, such as criminal history, investigation report (the confirmation of the fact during the period of repeated offense, confirmation of the same kind of record, etc.);

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

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

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. Scope of punishment by law: Imprisonment with labor for one month to 18 years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Larceny) - The thief [Type 3] thief for general property (special sentencing factors): the mitigated element: the mitigated element for living: the mitigated area of the same repeated crime (the recommended area and the scope of recommended punishment) that does not fall under the aggravated punishment for the specific crime (the repeated crime), six months to one year;

B. 2 Crimes (Larceny) - thief 2 of the criminal facts as indicated in the judgment / [type 2] thief thief for general property.

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