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(영문) 대구지방법원 안동지원 2014.04.04 2014고단48

절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 10, 2014, around 10:30 on January 10, 2014, the Defendant: (a) committed theft by taking account of the victim E’s hospital expenses calculated; and (b) taking account of the gap in the location of the locking site in the reception unit; (c) resulting in the theft of the above wall containing KRW 60,000 in cash.

2. On January 14, 2014, around 04:30 on January 14, 2014, the Defendant: (a) committed theft by taking advantage of the gap in which the victim F was set up in the eight-story dong rooms of the D Hospital as described in paragraph (1) of the above paragraph; and (b) taking advantage of the gap in which the victim F was set up on the spawn, thereby resulting in theft of the said bank containing KRW 1.20,000 in cash.

3. On January 17, 2014, around 00:30 on January 17, 2014, the Defendant: (a) committed theft by taking advantage of the gaps in the 9-dong room of the D Hospital 1 as described in the foregoing paragraph (1) at the 00:30 dong room of the D Hospital 1 as described in the said paragraph; and (b) taking advantage of the gaps in which the victim G was temporarily diving from the sect, one of the smartphones (Scarbe) worth KRW 700,000 at the market price adjacent to the victim.

Summary of Evidence

【One point in the market】

1. Defendant's legal statement;

1. A written statement of E prepared (a point under subparagraph 2 at the time of printing);

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure report (the third point at the time of sale);

1. Defendant's legal statement;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act (decision of the type of punishment) is based on the general larceny [decision of the recommending area] basic area of the ordinary larceny [the scope of recommending punishment] [the range of imprisonment] from six months to one year and six months [the general person] mitigation element of mitigation element], the serious reflect [decision of sentence] in six months of imprisonment, one year and one year and one year of suspension of execution, and the defendant committed several thefts in a short period of one year, and there are the criminal records of the same kind of crime. In light of the fact that the defendant has the criminal records, the defendant's liability cannot be deemed to be somewhat less, but the defendant's mistake is recognized, the defendant's age, family environment, etc.