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(영문) 의정부지방법원 2017.03.20 2017고단896
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 13, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. by the District Court of the Republic of Korea on September 2, 2016, and completed the execution of the sentence.

On December 4, 2016, the Defendant: (a) opened a driver’s seat of a new car projected vehicle in UT owned by the victim and takes cash of KRW 50,00,000, KRW 8,000, KRW 50,000, KRW 5,000, KRW 8,000, KRW 490,000, KRW 490,000,000 from the wall of the victim inside the vehicle, which is not corrected at the ground parking lot front of the joint entrance in front of the front of the entrance of the Do, Namyang-si, Nam-si, Seoul Special Metropolitan City.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. To enter a written statement;

1. Each description of a report on internal investigation (on-site investigation), internal investigation report (in-house tracking investigation of the same vessel), and investigation report;

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes of inquiry letter, such as criminal history, investigation report (report on attachment of criminal records of the suspect A same kind of crime);

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

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment by law] 12 years or less [the determination of type] : A person subject to the two types of larceny [the person subject to special sentencing] among the category of larceny among the category of larceny crimes: From among the category of larceny crimes, the area of aggravation [the scope of recommended punishment] of the same repeated crime (the scope of recommended punishment] which does not fall under the aggravation of specific crimes (the punishment): From October to April 10 to 2 years [the decision of sentenced], the defendant, who had already been punished for larceny crimes, was five times before and after the sentence was sentenced, and again committed the crime in this case only in the month of three months following the completion of the execution of punishment by the same kind of crime.

Therefore, the defendant is sentenced to imprisonment.

However, on January 13, 2017, the court rendered a sentence by lowering the lower limit of the punishment recommended for the sentencing guidelines, taking into account the following: (a) the Defendant led to the confession of a crime; (b) the Defendant was sentenced to imprisonment for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes; and (c) the attempted larceny was sentenced for four months on March 6, 2017; and (d)

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