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(영문) 대전지방법원 2020.05.08 2020고단507

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[207] On June 23, 2017, the Defendant sentenced ten months to imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. at the Cheongju District Court, and completed the execution of the sentence on February 16, 2018.

On April 27, 2019, around 15:00, the Defendant: (a) held that the Defendant was unconstitutional to the Cridges in Daejeon Jung-gu, Daejeon; and (b) took a theft with the Defendant’s cash of KRW 1.20,000 in cash owned by the victim D.

[20 high group 1091] On June 23, 2017, the Defendant sentenced ten months to imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at the Cheongju District Court, and completed the execution of the sentence on February 16, 2018.

Around December 13:35, 2019, the Defendant: (a) committed a theft by taking out the cash amounting to KRW 60,000 in total, including KRW 10,000, 3, 5,000, and 6,000, and 6,000, located in the wall of the Victim G located in Daejeon-gu, Daejeon-gu, Daejeon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. A report on occurrence of a crime, report on internal investigation, and report on investigation;

1. Hun-Gam photographs, CCTV images-fashion photographs, and CCTV video CDs;

1. Previous records of judgment: Criminal records, investigation reports (including attachment of repeated crimes, confirmation, etc. and report on the results of confirmation before and after dispositions), status of personal confinement, application of Acts and subordinate statutes of the judgment;

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

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The scope of punishment by law: Imprisonment for one month to eighteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of thief) thief for general property [Class 2] thief for general property [Special thief] mitigated element: The area of mitigation of repeated crimes of the same kind which do not correspond to specific crime Aggravated Punishment (Recommendation and Recommendation) and the area of mitigation of punishment [the area of recommendation and Recommendation], April through October;

B. The second crime (thief) A.

c. the same as the entry in the subsection.