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(영문) 창원지방법원 2015.06.10 2015고단721
절도
Text

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

Reasons

Punishment of the crime

On April 19, 2012, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Suwon District Court Sejong District Court’s Eunpyeong Housing Site. On November 1, 2012, the Defendant was sentenced to imprisonment for four months for larceny, etc. and a fine of three hundred thousand won on March 10, 2013, and completed the execution of the sentence in the Changwon Prison.

1. At around 08:30 on June 19, 2013, the Defendant: (a) opened a door of the Dexton vehicle parked in front of the Jinhae-si, Changwon-si, Seoul; and (b) taken off a copy of the Dexton vehicle in front of the Dexton vehicle in front of the C; and (c) taken off a copy of the Dexton vehicle’s cash owned by the victim E, 300,000 won, Gyeongnam Bank Co., Ltd., one driver’s license, one copy of the resident registration certificate, etc.

2. At around 09:00 on the same day, the Defendant: (a) inserted the eck card of the Gyeongnam Bank, which was stolen at the salary-dong of the Gyeongnam Bank, in cash withdrawal; (b) withdrawn three million won in cash withdrawal; and (c) stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Before judgment: Application of Acts and subordinate statutes of the previous convictions, previous convictions, results reporting, investigation reports (a copy of the judgment, etc.);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (one thiefth of theft in test color) / [the scope of recommending punishment] thief of larceny in general property, and the aggravated area (10th to 2th of October) of different types of larceny in general property (one thief of larceny in test color);

(b) Concurrent crimes (one million won in cash) / [the scope of recommending punishment] thieves on general property, and the aggravated area (one month to two years) (one day from October to two years) of the aggravated area (a special person] of the same repeated crimes;

(c) 10 months to 3 years (2 years 2/2) from the date of imprisonment with prison labor for the range of recommended punishment revised according to the guidelines for handling multiple offenses;

2. The Defendant who was sentenced to criminal punishment commits each of the crimes of this case during the period of repeated crime, and injury.

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