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(영문) 대전지방법원 2019.09.18 2019고단2168

절도등

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On May 29, 2019, the Defendant appealed ten months after having been sentenced to imprisonment with prison labor for special larceny in the Daejeon District Court on May 29, 201 and is currently pending in trial.

At around 12:40 on April 10, 2019, the Defendant cut off cash of KRW 85,000, which was the victim’s possession in the U.S., by intrusion upon the victim’s “BV” operated by the Victim BU in the BT at Sinti City, through open windows held in the management office.

Summary of Evidence

1. Defendant's legal statement;

1. A BU statement;

1. Report on internal investigation (Analysis of field rents and CCTV);

1. On-site photographs;

1. The application of Acts and subordinate statutes to report the results of criminal records and the details and confirmation before disposition;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with labor;

1. Among concurrent crimes, consideration of the criminal records of the defendant for the reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, and the circumstances in which the appeal is pending;