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(영문) 광주지방법원 순천지원 2019.08.22 2018고단1360
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 30, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. for six months in the Gwangju District Court's Netcheon Branch, and the judgment became final and conclusive on July 26, 2018.

On May 2, 2018, from around 15:25 to 16:00 on the same day, the Defendant, at the male shower in Dayang-si B, Mayang-si, wherein the victim D used a cresh where D is in a cleaning agent, opened the clothes of a sloping room and brought 450,000 won, card, etc. in cash from the money in the state in which D was off by the victim.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Previous records of judgment: Application of an integrated search list and a copy of each judgment;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is not only the same criminal records, but also the defendant is detained by larceny, etc. on November 30, 2017. In addition, even though the defendant was released by a suspended sentence of imprisonment with prison labor by this court on November 30, 2017 and continues the appellate trial, the crime of this case is committed, the victim's damage has not been recovered, and the victim's intent to punish him/her need to be

However, the same sentence as the disposition shall be determined by comprehensively taking into account various sentencing conditions as shown in the records and arguments of this case, such as equity in the case of punishment together with the crime for which the judgment has become final and conclusive, the age of the defendant, reflectivity

It is so decided as per Disposition for the above reasons.

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