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(영문) 대전지방법원 2016.04.26 2016고단690

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 11, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Daejeon District Court, and the said judgment became final and conclusive on the 19th of the same month.

1. On December 10, 2015, the Defendant discovered that there is a concern for the chief door of the D Spanpo Zone C owned by the injured party C, which is parked on the road front of Daejeon Seo-gu B, Daejeon, and entered into the entrance and stolen, with one bank on the unclaimed market price of the injured party and three hundred thousand won in cash.

2. On December 24, 2015, around 01:30 on December 24, 2015, the Defendant: (a) committed a theft with two boxes, who had been displayed in the tent of the said marina at a discount, prior to G discounts operated by the Victim F, F, who was placed in the Daejeon E, with a view to the market value of KRW 8,400,000.

3. On December 27, 2015, the Defendant discovered that the head door of Jone Star Co., Ltd, owned by the victim I, which was parked in the 103 underground parking lot of Daejeon Seosung-gu Daejeon apartment house H apartment 103, was opened, and entered the door, and stolen with clothing equivalent to KRW 305,000 at the market price, such as the victim’s mountain laves and brailles.

Summary of Evidence

1. Statement by the defendant in court;

1. C, F, and I’s statements;

1. Reports on each occurrence, fingerprints assessment results, field photographs, and CCTV at the scene of crime;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and text of judgment;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] There is no person [the person who is subject to special sentencing] in the basic area (4 to 8 months) [the decision of sentencing] (the decision of sentencing] (the decision of sentencing is contrary to the defendant), damage amount, theft in the judgment that became final and conclusive, etc.; equity in the case where the defendant is subject to judgment together with the judgment of larceny; equity in the case where the judgment was rendered; criminal records, age, sex, environment, etc. for the above reasons. It is so decided as per Disposition for the above reasons.