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(영문) 울산지방법원 2016.05.16 2016고단887
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 16, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Jeonju District Court on January 16, 2015 and completed the execution of the sentence on October 27, 2015.

On April 5, 2016, the Defendant, within the D underground food store located in Ulsan-gu, Ulsan-gu, Seoul-gu around 15:00, the Defendant stolen the following property at the market price of KRW 135,320 over four times as indicated in the daily list of crimes: (a) the Defendant: (b) had been in preparation for three goods worth KRW 59,530,000 in total, including three canns, three spams, spams, spams, gushes, and spices, which had been on the display stand of the victim E in a spapporo; and (c) had been in preparation for three goods worth KRW 5,530,00 in total.

On April 5, 2016, 15:00 on April 5, 2016, victims of the temporary location damage (hereinafter referred to as "victims") 5:5:00, the following crimes: three cans, three cans, three strings, three strings of asphalt tobacco, three fruits, etc., equivalent to KRW 59,530 on April 6, 2016, around 13:33:4 20,090 on April 9, 2016, the four market prices of which are equivalent to KRW 30,090 on April 20, 2016, and four (30:5 1:5 30,000,000 per annums of G department stores in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul Special Metropolitan City, and three (4) 1:50,000,000 domestic prices of G department stores in total.

1. Statement by the defendant in court;

1. Each police statement made to E, H and I;

1. Each receipt and photograph;

1. Previous convictions as indicated in the judgment: Inquiry about criminal history, investigation report (20,21) and application of Acts and subordinate statutes to telephone confirmation results;

1. Article 329 of the Criminal Act applicable to the crimes;

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

1. 경합범 가중 형법 제 37 조 전단, 제 38조 제 1 항 제 2호, 제 50조 [ 양형이 유] 양형기준 : 징역 6월 하한 ☞ 각 일반 절도 기본영역( 생계 형 범죄, 동종 누범, 징역 6월 ~1 년 6월 )으로 다수범죄처리기준 적용 동종 범죄로 여러 차례 처벌 받은 전력이 있는데 다 동종 누범인 점 등을 고려하되, 기록과 변론에 나타난 범행 경위, 피해 품 반환, 피해 규모,...

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