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(영문) 청주지방법원 제천지원 2018.01.09 2017고단413
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On May 12, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny from the Cheongju District Court Jeju District Court Branch for the purpose of larceny and completed the execution of the sentence on December 11, 2016.

[Criminal facts] On November 28, 2017, around 06:00, the Defendant: (a) committed a theft in front of E, operated by the victim D, the victim D, at around 06:00 on November 28, 2017; and (b) committed a theft of 100,000,000 won at the market price of the victim’s possession.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. A written statement;

1. Investigation report (victim D telephone communications);

1. CCTV video CDs;

1. Images of the scene of a crime, on-site photographs, and CCTV images to capture (the records of the crime as indicated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Copy of the judgment;

1. Application of the Acts and subordinate statutes governing the place of prisoner search;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and

2. The scope of recommended punishment according to the sentencing guidelines [the scope of recommended punishment] for general property: the mitigated area (one month to six months) (special mitigation) for mitigation (special mitigation) / the same kind of repeated crime which does not fall under the aggravation of specific crimes (aggravating repeated crimes);

3. Determination of sentence: Determination of sentence by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime;

A total of five times of punishment, including four times of punishment for larceny, the crime of this case in the period of repeated crime even though he/she was sentenced to imprisonment with prison labor for larceny around 2016, was committed during the period of repeated crime, the confession that he/she did not receive a letter from the injured, the fact that he/she seems to have committed the crime in an economically inadequate situation, and the fact that damaged articles have been restored to the victim.

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