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(영문) 울산지방법원 2020.11.05 2020고단3943
절도
Text

A defendant shall be punished by imprisonment for four months.

The defendant pays 600,000 won to the applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

On September 1, 2020, at around 01:37, the Defendant opened a set of the victim B, who was parked on the street in front of Ulsan-gu C, Ulsan-gu, and opened up to the inside a set of Da white K3 car owned by the Defendant, and removed from the victim’s wall, which was located in the container bed in the driver’s seat and the chief of the steering department, one 50,000 won lap, 10,000 won lap, one gift certificate lap, one lap, one lap, and one lap, which was located far away from that traditionally used.

Accordingly, the Defendant stolen property equivalent to the total market value of KRW 600,000,00.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the B’s written laws and regulations;

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

1. Reasons for sentencing under Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [type 2] general larceny [Special Convicts] - mitigated factors: Living penalty [the area of recommending punishment and the scope of recommending punishment] mitigated areas, and four months to ten months;

2. Determination of sentence shall be made in the same manner as the order, taking into consideration all the circumstances revealed in the records, such as the circumstances below the sentence of sentence, the age, character and conduct, environment and circumstances after the crime;

D. Unfavorable circumstances: The defendant was sentenced not only four criminal records of the same kind, but also to the crimes of the same kind of law on February 6, 2020, by imprisonment with prison labor for four months at the Ulsan District Court sentenced on February 6, 202 to two years of suspension of execution and re-offending again even during the suspension period; circumstances favorable to the failure to recover from damage: The defendant's mistake and reflects it; and it constitutes a living penalty.

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