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(영문) 의정부지방법원 2019.02.15 2018고단4583
절도
Text

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

Reasons

Punishment of the crime

On September 15, 2018, at around 23:10, the Defendant discovered a 370,000 won of the market price of the victim D who was the victim D's possession, which was integrated into a password locking device on the iron structure in front of the building located in Seocheon-si, Seocheon-do, Gyeonggi-do, and cut off the locking device.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A report on internal investigation (on-site inspection and CCTV verification);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to field photographs, damaged photographs, and CCTV site photographs;

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of criminal punishment, and Article 329 of the Criminal Act of the Defendant’s reason for the sentencing of imprisonment include: (a) a fine of KRW 500,000 for larceny in this court on March 26, 2010; (b) a fine of KRW 1,00,000 for larceny in this court on November 15, 2013; (c) a fine of KRW 700,000 for larceny in this court on January 28, 2014; and (d) a fine of KRW 1,00,000 for attempted larceny in this court on April 28, 2014; (b) a fine of KRW 3 million for larceny in this court on December 26, 2014; and (c) a fine of KRW 100,000 for larceny in this court on January 31, 2017.

In light of these criminal records, since the criminal tendency of the defendant's larceny crime is remarkable, it is difficult to expect the correction or improvement of the defendant's criminal character and behavior only by the punishment up to his/her attitude.

Therefore, the sentence shall be imposed on the defendant, and all of the sentencing conditions that are shown in the process of pleadings and records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstance after the crime, etc., shall be considered in light of the favorable circumstances such as the fact that the victim does not want the punishment against the defendant, and the damaged goods have been returned to the victim.

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