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(영문) 창원지방법원 2016.09.08 2016고단1876
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 13, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Changwon District Court on February 1, 2015.

On April 12, 2016, at around 12:45, the Defendant: (a) cut off one implied machine of approximately KRW 700,000,00,000 at the market price of the victim H owned by the Defendant, which was kept in G in G in Kimhae-si F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Criminal ctv image photographs;

1. The application of Acts and subordinate statutes concerning references to criminal records, and personal identification and confinement status;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act / [Scope of Recommendation ] The reason for the sentencing of the repeated crime under Article 35 of the Criminal Act / [Article 35] 1 of the thief Act for general property / [Article 1-6 months] mitigation area (Article 1-6 months] / Non-Aggravated Punishment / Even though the defendant has multiple criminal offenses including the same crime, it is inevitable that the defendant again commits the crime of this case during the repeated crime period: Provided, That it is inevitable to determine the sentence as ordered by considering the favorable circumstances, such as the fact that the damaged goods are recovered and the victim does not want the punishment against the defendant, and that the defendant is expected not to repeat the crime while the error is divided, taking into account the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances of the crime after the crime, etc.

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