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(영문) 광주지방법원 2014.09.18 2013고단5962
절도
Text

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

The defendant shall be forfeited from 4 to 6 of seized evidence.

Reasons

Punishment of the crime

On April 12, 2012, the Defendant was sentenced to four months of imprisonment with prison labor for larceny in the Gwangju District Court's Seoul District Court's interest support, and was released on September 30, 2013 in the execution of the sentence, and the parole period expired on October 27, 2013.

On November 12, 2013, at around 04:40 on November 12, 2013, the Defendant opened all the doors of parked vehicles C, and discovered that the text of the victim D’s Eone Star Co., Ltd is not corrected, opened it, and used two pieces of tobacco 6,250 won in the name of the victim, and 2,500 won in the market value and the market value.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Previous records before ruling: Application of criminal records, references to criminal records, investigation reports (Evidence List Nos. 9);

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The mitigated area ( April to October) of Type II for the larceny of general property, the scope of which is recommended;

2. The criminal of this case shall be determined by the order of the defendant beyond the scope of the above recommendation, taking into account the fact that the defendant committed the crime of this case during the period of the same repeated crime as the sentence is bad, living criminal, the fact that the damaged goods are small amount and have been temporarily returned, and the damage has been recovered.

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