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(영문) 광주지방법원 2017.04.21 2017고단1010
절도등
Text

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

Reasons

Punishment of the crime

On June 28, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny at the Gwangju District Court for ten months and completed the execution of the said punishment on December 21, 2016.

1. On January 6, 2017, at around 10:00, the Defendant intruded the victim’s E office located in Gwangju Nam-gu, Gwangju, with approximately KRW 150,00,00,00 in the market price owned by the victim and stored in Ma party.

2. Around 10:00 on January 31, 2017, the Defendant intruded with ma in the same manner at the above place, and carried out approximately 2.50,000 kg of the market price owned by the victim and carried out approximately 30,000 g of the pipe.

3. On February 20, 2017, around 10:15, the Defendant intruded with Ma in the same manner at the above place, and carried out the air-conditioning pipe 10 km equivalent to KRW 50,000,000 in the market price owned by the victim.

Accordingly, the defendant invadedd the victim's structure and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made in each police statement with respect to D or F;

1. Written statements of D;

1. Previous convictions: Application of respective Acts and subordinate statutes in which inquiries, such as criminal history, replys to inquiries and personal expropriations are made;

1. Relevant Article 329 of the Criminal Act, Articles 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes committed larceny three times during the period of repeated crimes due to the same criminal conviction.

The defendant has a total of 19 criminal records, including the same criminal records of 4 times.

There was no recovery of damage.

Provided, That all three cases of crimes shall be the same victim and the scale of damage shall be small.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

order for any reason above.

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