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(영문) 대구지방법원 2020.04.29 2020고단802

절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:00 on January 24, 2020, the Defendant opened a door of the DWz car owned by the victim C, which was not corrected at the first floor parking lot of the Daegu Suwon-gu apartment apartment B, Daegu-gu, and stolen the cash amounting to KRW 4 million owned by the victim, which was located in the contact settlement room between the driver's seat and the chief lighting.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure (including photographs of seized articles);

1. Article 329 of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Sentencing (Determination of Penalty) [Scope of Sentencing] applicable provisions of law: 1 to 6 years: (1) year in case of larceny against general property - [Special Sentencing] - source of mitigation of punishment - case of habitual offenders (case of habitual offenders) / [Determination of the recommended field] 6 to 1 year [Scope of punishment ] in the aggravated area / Where significant damage has been restored to the mitigation element - applicable provisions of law: The applicable provisions of law in case of the same criminal record (where the scope of punishment is less than 10 years after the completion of execution) that does not constitute a repeated offense: 1 to 6 years in case of statutory aggravation and mitigation of sentence: 6 years in case of suspended sentence : (1 to 6 years in case of major reasons for repeated crimes - major reference factors / [including efforts to recover from damage caused by a person or recover from damage] / [Attachment of punishment and recommendations] in case of the aggravated area of punishment / [the scope of punishment and recommendations] in case of the same criminal record that does not constitute a repeated offense;

2. The grounds for sentencing are as follows, and the defendant's age, character and conduct, environment, motive for committing the crime, frequency and consequence thereof, and the circumstances after committing the crime shall be determined as ordered in full view of various sentencing conditions.

It seems that it appears to be a larceny that is planned and habitually conducted by a person who has aggravated illegality, and there are two times the same records within 10 years.

(b) point;

The punishment of the defendant is to be taken into account.