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(영문) 대구지방법원 2016.09.06 2016고단3442

절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 01:30 on April 4, 2016, the Defendant: (a) discovered vinyl bags harming the floor of the victim D; (b) took advantage of the gap in which the victim singing down, and (c) took 220,000 won in cash owned by the victim; and (d) stolen them from that time until May 28, 2016, by taking advantage of the gap in which the victim sing down, the Defendant stolen KRW 540,000, totaling three times, as indicated in the list of crimes, from that time until May 28, 2016.

around 00:18 on December 15, 2014, the Defendant, “F” restaurant located in Daegu-gu, Daegu-gu, and through “G”, used the crepan of the victim H and alcohol, and stolen cash of KRW 25,000,000, which was contained in the victim’s bank room, while drinking the victim’s h and alcohol through the crepan of smartphone display.

Summary of Evidence

"2016 Highest 3442"

1. Defendant's legal statement;

1. Each police statement made to I, J, and D;

1. Police seizure records;

1. Investigative report (specific suspect), "2016 Highest 3680";

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of photographs of a victim's wall), a report on investigation (as to attachment of On-SiteCCTV);

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is the first crime [the scope of recommendations] : the second and third crimes [the scope of recommendations] : the basic area (6 to 1.6 months) of types 2 (general larceny) and the basic area (6 months) of general property / [the scope of recommendations] / the mitigated area (4 to 10 months) of types 2 (general larceny) and the mitigated area (4 to 10 months) of the mitigated area (special mitigation] / the final sentencing scope due to the aggravation of punishment for multiple crimes who are not punishable: June to February 10 [the decision of sentence] of this case was repeatedly committed for the larceny of this case on four occasions, even though the defendant had been punished for the same kind of crime.