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(영문) 광주지방법원 순천지원 2019.11.28 2019고단1937
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of suspension of the execution on December 20, 2017 to six months after he was sentenced to imprisonment for habitual larceny in the Suwon District Court’s Ansan Branch on December 20, 2017, and the judgment became final and conclusive on December 28, 2017 and is currently under suspension of execution.

【Criminal Facts】

At around 19:50 on July 21, 2019, the Defendant stolen the following methods: (a) the sum of the market prices in which the victim C was displayed as a product for sale in the above store by using a cresh in which surveillance was neglected in the first floor of the D sales outlet managed by the victim C at the Net City B, 19:50 on July 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to previous records and written judgments, etc.), and application of three copies of written judgments;

1. When comprehensively considering the following facts: Article 329 of the Criminal Act of the relevant criminal facts; Article 329 of the Criminal Act of the Defendant’s reasoning for sentencing choice of imprisonment [criminal records] of the judgment of the court below was sentenced to suspended sentence and repeated criminal acts of the same kind during the current grace period; and the fact that the Defendant continues to commit the same kind of crime without being sentenced to a fine for habitual larceny during the suspended sentence period even though he/she was sentenced to a fine for the same crime during the suspended sentence period

In addition, considering the facts charged by the defendant, the fact that the defendant has agreed with the victim, the fact that the defendant suffers from mental illness such as shock disorder, etc., the age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the trial process, the punishment as ordered shall be determined.

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