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(영문) 창원지방법원 진주지원 2016.02.03 2015고단1282
절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant was sentenced to four years of imprisonment with prison labor for a crime of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes in the Changwon District Court's Jinwon Branch branch, and completed the execution of the sentence on March 18, 2014.

1. On August 201, 2014, the Defendant: (a) opened and held that one of the 42 LG television, the market price of which is 6,50,000 won, managed by the injured party C, who was loaded in the cargo loaded in the lower Haak apartment located in the lower Haakdong-dong at Jinju-si; and (b) committed theft by carrying this in the Defendant’s Espke car.

2. On April 9, 2015, around 23:00, the Defendant: (a) took a theft by opening and bringing about the loading of one of the KRW 43 LG television 1 and one of the KRW 1,200,000 in the market price, which is the market price managed by the injured party F, who was loaded in the G freight loaded in front of the G freight 1,200,000,000,000.

3. On November 26, 2015, the Defendant: (a) opened and carried one of the LG televisions in an amount equivalent to KRW 4.3 million at the market price managed by the injured party J, who was on the victim J, parked in the top of J, located in J in J, at J, at Jinju on November 26, 2015; and (b) committed a theft by the Defendant’s franchise and loading it in the passenger car.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Written statements of the J;

1. CCTV photographs, damaged objects photographs, and CCTV CDs;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A), text of judgment, summary order, identification of each individual, and current status of acceptance by statutes;

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

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. The scope of sentence recommended on the sentencing guidelines [the type of punishment] shall be limited to intrusion larceny [special aggravation factors] which does not constitute special aggravation (special aggravation factors] (special mitigation factors) and intrusion upon places other than indoor residential space.

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