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(영문) 전주지방법원 남원지원 2019.09.03 2019고단119
절도
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Power] On September 13, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor for public performance and obscenity in the Southern District Court’s Southern District Court branch, and completed the execution of the said sentence on June 8, 2017.

【Criminal Facts】

On June 13, 2019, at around 20:36, the Defendant opened a ice 1,300,000,000 won in the market price of the victim D, which was the victim D, and stolen it with 1,30,000 won in cash, 250,000 won in the market.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Police seizure records;

1. CCTV images and CCTV images;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (verification reports on criminal records, etc.);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 12 years;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types of punishment]; thief in general (type 2) (type 2) for general property; thief in general property] and there is no person [the scope of recommending area and recommending punishment]; 6 months to 1 year and 6 months;

3. Determination of sentence: Determination of sentence: The defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be taken into account for the following circumstances in four months, and the defendant's punishment shall be determined as ordered by the order, beyond the minimum limit of the recommended sentence according to the sentencing guidelines, in light of various sentencing factors as shown in the argument in this case, including the defendant's

[Unjustifiable circumstances] In light of the time when the instant crime was committed, and the means and methods of the instant crime, etc., the quality of the instant crime is not good.

The defendant was unable to receive a letter from the victim.

The defendant committed the crime of this case without being aware of it during the period of repeated crime, and also committed the crime of this case, such as the record of criminal records in the judgment, and between the repeated crime and the crime of this case.

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