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(영문) 대구지방법원 2017.07.13 2017고단2898

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On September 5, 2014, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at a permanent prison on May 11, 2017.

[Criminal facts]

1. On May 17, 2017, the Defendant intruded into the victim E’s 2nd floor of “D” located in Daegu Northern-gu, Daegu Northern-gu, by means of open doors, for instance, to the escape room for women managed by the victim E, and then leaving 170,000 won in cash located in the victim’s bank owned by the victim.

L. A. L. theft was committed.

2. On May 22, 2017, the Defendant intruded into the “H” office operated by the victim G in Daegu Northern-gu, Daegu Northern-gu, by an open door, and then removed KRW 500,000 in cash located in the said G’s bank located on the head of the West, and KRW 30,000 in cash located in the same place as the victim I located in the said bank.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A victim statement of E;

1. Written replies regarding the result of fingerprint appraisal;

1. Previous convictions: Inquiry about criminal history, results of screening prisoners, and application of the law of a copy of the judgment;

1. Article 329 of the Criminal Act, Article 319 of the Criminal Act, Article 319 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended punishment according to the sentencing guidelines – Crimes Nos. 1 and 2 [Scope of the recommended punishment] - Where the mitigated area (8 months to 1 year and 6 months) (special mitigation) (special mitigation) intrudes into any place other than indoor residential space (type 4) / The scope of the final sentence due to the aggravated multiple criminal of the same type of repeated crime that does not fall under the aggravated punishment for a specific crime (a repeated crime) / August to February: March 2;

2. The execution of sentence by the same kind of crime, even though the defendant who has been sentenced to several times for the same kind of crime;