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(영문) 인천지방법원 2015.11.18 2015고단6205
절도
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A defendant shall be punished by imprisonment for four months.

The seized evidence Nos. 4 through 7 shall be returned to the person who has lost his name.

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Suwon District Court's Ansan Branch on February 7, 2013.

1. On September 2015, the Defendant: (a) entered a plastic house managed by a victim, whose name is unknown in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, on September 015, 2015; (b) if the victim was the victim’s possession, he she saw the victim’s possession; and (c) cut the victim’s market price, which is the victim’s possession, in which the victim’s possession could not be identified; (d) 1, 1, 1, 1, 1, and 1, 2015.

2. On October 2, 2015, the Defendant: (a) opened a locked door of the Fpoter Cargo Vehicles parked by the Victim E and stolen money and valuables worth KRW 136,000,00 in total, including one sheet of 80,000 in the market value; (b) on October 2, 2015, the Defendant used money and valuables worth KRW 136,000 in the market value.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes on investigation reports;

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act [Scope of Recommendation] The sentence shall be imposed in light of the fact that the defendant was punished for the same kind of crime (special mitigation) that does not fall under the mitigation area (4 to 10 months) of the mitigation area (4 to 10 months) of the Specific Crimes Aggravated Punishment (Special Offense Aggravated Punishment) of the Restitution Criminal Procedure Act, and that the defendant repeated the period of repeated crime even though he was punished for the same crime.

However, in the situation of the difficulty of the defendant, the fact that the crime was committed in this case, all the damaged articles were seized, and the victim was restored.

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