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(영문) 창원지방법원 통영지원 2013.09.24 2013고단643
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 31, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court for a maximum of one year or ten months, and on May 17, 201, the Defendant completed the execution of the sentence at the Busan Detention Center.

1. On August 8, 2013, the Defendant: (a) around 14:45 on August 8, 2013, 2013, at the victim D’s public parking lot for passenger ships in the passenger ship terminal in the passenger ship of the passenger ship of the Mapo-dong, the Defendant: (b) opened a first door of the passenger vehicle of the victim D, which was parked in front of the passenger vehicle of the victim D; and (c) cut off 100,000 won from the bank owned by the victim; and (d) cut off 10,000 won.

2. Around 15:00 on August 8, 2013, the Defendant opened a back-to-face of the victim H, which was parked in the G parking lot located in the G MH, and opened a door door door door door door door door door door door door door door door door, 959,000 won in cash from the bank owned by the victim, which was located in the back door door door door door door, and 10,000 won in five thousand won face door door door, 10,000 won, 10,000 won face door door door, 4), 7 passbooks (three passbooks in the new bank, 2 passbook, 1 passbook, 1 passbook, 1 passbook, 50,000 won in the market value, 10,000 won in the total, 105,000 won in the new bank, 105,000 won in the market value, and 10,000 won in the new bank.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and D;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

1. According to the sentencing guidelines for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the defendant is recommended to be sentenced to four to one year and three months from his/her imprisonment. [In the case of each larceny at the time of sale, each of the following is acknowledged: (a) recommendation for mitigation area of the type of crime for general larceny [the “unguilty for punishment” as a special mitigation factor; and (b) the same type of repeated crime that does not constitute special aggravation as a special aggravation factor.

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