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(영문) 의정부지방법원 2018.07.04 2018고단1467
절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On March 17, 2018, the Defendant stolen a total of 11m rigate for air-conditioning and cooling 15m square meters in diameter at the 17,000 square meters in diameter, and 11m in diameter for air-conditioning and cooling 9m in diameter, which is linked to the outside air-conditioning room, owned by the victim educational foundation, in front of the building located in 107, 107, Mag-ri, Mag-ri, an air-conditioning and cooling 17,000 square meters in diameter, around 17,00.

2. On March 20, 2018, the Defendant attempted to commit larceny by removing a gate gate for air conditioners connected to the air conditioners outside the air conditioners, which were owned by the victim E, from his/her hand, at the lower end of the D main station located in Macheon-si, Macheon-si, Macheon-si, but did not commit such theft, as the victim was discovered, and did not commit such theft.

Summary of Evidence

1. Statement by the defendant in court;

1. The F and E statements;

1. Reporting on occurrence of a disaster;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of Section 329 of the Criminal Act), Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Punishment by law: Imprisonment with prison labor for not more than nine years;

2. Application of the sentencing criteria [Scope of recommending punishment] thief for general property: Reduction area (4 months to 10 months) (special mitigation person] / scope of recommending punishment according to the standards for handling multiple crimes committed by a majority of living crimes: Imprisonment for not less than four months (limited to the lowest limit of the scope of punishment due to the concurrence of non-offenders);

3. Determination of sentence: Imprisonment with prison labor for 6 months (unfavorable circumstances) the Defendant had been punished 11 times by committing a crime of larceny, intrusion upon residence, etc. from 2005 to 2017, and was sentenced to a multiple sentence.

On January 17, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor in this court on January 17, 2017, and was again sentenced to a suspended sentence, but again committed the instant crime. Therefore, the Defendant is inevitable to be sentenced to a suspended sentence (the Defendant is present).

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