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(영문) 인천지방법원 2015.05.27 2014고단4282
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On June 13, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Daegu District Court’s port branch, and completed the execution of the sentence in the Daegu Detention House on October 10, 2012.

【Criminal Facts】

On April 18, 2014, at around 15:15, the Defendant, as the victim C operated by Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City, she dried the precious metal, and dried up to 10 knives of the net gold (24K) 10 knives of 10 knives of 10 knives of 15,960,000 won in the market value by cutting off the metal inside the display stand, and marked the photo with a cell phone, and then cutting off the precious metal of 15,960,000 won in the market value by gathering the creb of the victim’s surveillance on his hand as it is,.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement to be prepared;

1. Seizure records;

1. CCTV photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] The reason for sentencing under Article 35 of the Criminal Act for the larceny of general property (general larceny) is the mitigated area (4 to 10 months) (special mitigation), and the same repeated crime (decision of sentence] that does not fall under the mitigated area (special mitigation)/special exemption area] [decision of sentence] Defendant was sentenced on June 13, 2012 in the Daegu District Court Branch Branch of the Daegu District Court on June 13, 2012, in addition to punishment for larceny, in consideration of the fact that Defendant committed the same crime in this case during the period of repeated offense, it is inevitable to sentence sentence against Defendant, considering the fact that he committed the same crime.

However, in full view of the facts that stolen precious metals have been seized and returned to the victim, favorable circumstances such as that the victim does not want the punishment of the defendant, and other various sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence like the order shall be imposed within the scope of the recommended sentence.

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