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(영문) 대구지방법원 2015.05.21 2015고단1577

절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 11, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Daegu District Court on April 9, 2012, and completed the execution of the sentence.

On June 11, 2014, the Defendant: (a) had a 6.14 sick room managed by the victim E in a nursing room, and infringed upon the victim E in cash owned by the victim; (b) one hundred thousand won in cash; (c) two resident registration certificates; (d) one resident registration certificate; and (e) one welfare card in the name of F, one of the market price of KRW 2,00,000,000 in the market price, which includes one of the 6.14 sick rooms managed by the victim E in a nursing room.

In addition, from that time until April 10, 2015, the Defendant intruded into the room possessed by the same method five times in total, such as the list of offenses, and stolen money and valuables worth KRW 3,853,000 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H, E, I, and J;

1. Report on the occurrence of each thief incident, report on results of field identification, each investigation report (to hear the victim's first other statement, report on the victim's G hearing), confirmation of identity of the fingerprints of the theft incident, replys to the results of appraisal of the scene of the crime, and reports on the occurrence of each crime;

1. On-site photographs and on-site photographs of the K Hospital;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (reports to confirm the facts of crimes during the period of repeated crimes and attaching the same electric records);

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated offenders (as to each crime listed in the [Attachment Table Nos. 1 to 4]

1. Of concurrent crimes, crimes No. 1 [Scope of Recommendation] for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are crimes committed against general property [Article 4] for the mitigation area (Article 8-1 and 6 months) (Special Mitigation (Article 4) for the larceny area (Article 37) (Article 38(1)2, and Article 50.