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(영문) 의정부지방법원 고양지원 2017.05.24 2017고단1110
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 6, 2010, the Defendant was sentenced to one year to a suspended sentence of 4 months for larceny, and the judgment became final and conclusive on the 14th of the same month. On July 5, 2013, the Defendant was sentenced to a suspended sentence of 8 months for the same crime in the same court on the 13th of the same month, and the judgment became final and conclusive on the 11st of the same month, and was sentenced to a fine of 1 million won for the same crime in the same court on the 11st of December, 2015, and a fine of 50,000 won for the same crime in the same court on the 2016 September 20, 2016.

At around 00:30 on April 3, 2017, the Defendant: (a) laid off the victim D, which was installed on the outer wall of a building in Il-dong-gu, U.S., U.S., in a large quantity of rainwater 2 meters in length (e.g., 93,000 won) at the market price of the victim D owned by the Defendant in his/her hand; and (b) cut off the victim by a method that he/she would remove the rainwater 1; and (c) from September 3, 2016 to April 3, 2017, the Defendant stolen the victim’s rainwater 3,592,00 won in total from the victim 34 as indicated in the daily list of crimes in the attached Table of crimes.

As such, the Defendant stolen another’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to police statements;

1. Relevant legal provisions of the Criminal Act and the choice of punishment under Article 329 of the Criminal Act concerning the crime, the choice of imprisonment and the choice of punishment;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the punishment in accordance with the sentencing guidelines] [the scope of the punishment in accordance with the sentencing guidelines], the basic area of larceny No. 1 of the Act on the Aggravated Punishment of Crimes / [the decision of sentencing] / [the decision of a sentence in April to August] / even if there are several previous convictions, which are disadvantageous to a large number of victims, repeatedly coming to commit the instant crime against a large number of victims, and circumstances favorable to the failure to recover from damage: The defendant was able to maintain his livelihood due to physical problems in one eye, making it difficult for him

The defendant's age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after the crime, etc. are changed.

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