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(영문) 인천지방법원 2015.09.23 2015고단4892
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 23, 2014, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. in the Daejeon District Court Hongsung Branch on July 23, 2014, and completed the execution of the said sentence in a public prison on July 23, 2015.

On August 3, 2015, at around 02:00, the Defendant removed, in his hand, the pipe attached to the air conditioner 3.60,00 won at the victim E’s market price, from the D Hospital parking lot located in Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Investigation report (the confirmation of victims and amount of damage);

1. Previous records of judgment: Application of criminal records, inquiry reports (the same criminal records, and confirmation of repeated records) and Acts and subordinate statutes;

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

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

1. Measures to mitigate types 2 (Special Larceny) (Special Aggravation) (Special Aggravation) of the Sentencing) of the Sentencing against general property: April - 10 months; and

2. Determination of sentence: Punishment of imprisonment with prison labor for the same kind of crime for six months and ten days after the release from the prison; and the punishment for the crime of this case is not less exceptionally imposed.

However, in light of all kinds of sentencing conditions, including the fact that the defendant is against the crime of this case, the fact that the defendant seems to have committed the crime of this case in an economically poor situation, the amount of damage is not so significant, and the defendant's age, character and conduct, environment, motive and circumstances after the crime, etc., the punishment as ordered shall be determined.

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