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(영문) 대구지방법원 2019.09.25 2019고단1126

절도

Text

A defendant shall be punished by imprisonment with prison labor for four 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

The defendant is a person with a hearing language disorder and intellectual disability of the first degree.

1. "2019 Highest 1126";

A. On February 14, 2019, around 06:30 on February 14, 2019, the Defendant taken out four (50 km) of the strong board (50 km) equivalent to KRW 50,00 in the market price owned by the victim C, which was kept adjacent to the factory entrance, at a factory operated by the victim C in Daegu North-gu, Daegu-gu, Seoul-gu, Seoul-gu, Seoul-do.

B. On March 2, 2019, around 09:35, 2019, the Defendant thief took out the paper stuffs containing materials of at least KRW 200,000,00 in the market price owned by the victim and kept in custody in loading G Poter freight owned by the victim, which was parked in the crepan in front of the E-lane located in Daegu Northern-gu, Daegu, Daegu, about 09:35.

Accordingly, the defendant stolen the property owned by the victims.

2. On June 16, 2019, the Defendant: around 07:30 on June 16, 2019, at an industrial company operated by the victim I in Daegu Northern-gu, Daegu-gu, the Defendant: (a) took a theft by carrying 20 km scrap metal of 14,000 won at the market price owned by the victim and 14,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to C and I;

1. A written statement;

1. Each photograph: To capture a CCTV image and damage therefrom;

1. Application of police investigation reports (applicable to suspect's ability to adapt to society and diagnostic documents);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to six years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] thief on general property [No. 1] thief on neglected articles, etc. - mitigated elements - mitigated elements: In cases of habitual crimes, the area of mitigation [the area of recommendations and the scope of recommendations], and one to six months of imprisonment.