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(영문) 서울북부지방법원 2017.04.20 2016고단5097
절도등
Text

The defendant shall be sentenced to six months of imprisonment.

Reasons

Punishment of the crime

[criminal records] On October 30, 2015, the Defendant was sentenced to a suspended sentence of two years for six months in the period of imprisonment with prison labor due to the crime of damage to property by the District Court, and the suspended sentence was revoked on April 12, 2016, and completed the execution of the sentence on July 20, 2016.

On November 24, 2016, the Defendant was sentenced to six months of imprisonment by Seoul Northern District Court due to property damage, etc., and the judgment became final and conclusive on December 2, 2016.

On September 22, 2016, 2016, the Defendant: (a) on September 22, 2016, at the front of “D” located in Yangju-si, Yangju-si; (b) using the gaps of E’s work-concentrating duties, the Defendant extracted the freight keys and the key of the D office where the market price at which E was displayed inside the cargo vehicle is unknown.

The Defendant stolen two keys of the victim E.

On September 1, 2016, 2016, the Defendant broken off I’s chemical parts of which are about KRW 50,000 in the market price located outside G in Yangju-si, from September 1, 2016 without any particular reason.

The defendant damaged the part of the victim I.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. E statements;

1. Records of crimes: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (reports on criminal records of repeated crimes and accompanying documents), and (Attachment, such as sentences, etc. of judgments and reporting on the progress of trials);

1. Articles 329 and 366 of the Criminal Act concerning the facts constituting the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Recognition of errors in the determination of punishment under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act, shall be made for concurrent crimes;

The degree of damage is minor.

When a judgment is rendered, such as a final crime, the principle of equity shall be taken into account.

Cumulative crime is a repeated crime, and there are many criminal records in similar forms.

The will to observe the law seems to be basically weak.

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