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(영문) 대전지방법원 논산지원 2014.09.02 2014고단214

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Disqualified for Suspension of Execution] On September 7, 2012, the Defendant was sentenced to one year to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Daejeon District Court’s Matern support on December 13, 2012, and the judgment became final and conclusive on December 13, 2012, and on January 29, 2014, the parole period expired on April 19, 2014.

【Criminal Facts】

On April 13, 2014, around 10:50, the Defendant discovered the victim C’s D car at the parking lot of the “Yasan-gu, Yasan-si Office of Education” located in 253, Seosan-si, Yasan-si, Yasan-si, and opened a door of the said car without locking, and cut off cash 1.5 million won owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C’s police statement;

1. Each description or image of the investigation report (in the face of 20 pages of investigation records), each photograph;

1. Previous records: Inquiries into inquiry reports, the current status of personal identification and confinement, and the application of statutes in which copies of written judgments are recorded;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 329 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one month to six years;

2. The sentencing criteria [Determination of types of punishment] the thieve group, the thieve group on general property (the scope of recommending punishment): Imprisonment with prison labor for 4 months to 10 months: No special mitigation factor: No special aggravation of punishment;

3. Determination of sentence: Four months of imprisonment; and

4. Whether or not the suspension of execution is positive: The punishment (major reasons for the suspension of execution): not more than five years and the punishment is not more than twice the same year and not more than two times (general reasons for the suspension of execution): The negative results that the positive damage is relatively minor and reflect: the previous convictions or not less than two times and the poor social relation (comprehensive comparison and assessment) of the suspension of execution is disqualified, and so, the punishment shall be imposed on the imprisonment with prison labor, but the above punishment shall be determined as per the order within the scope of recommendation, comprehensively taking into account