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(영문) 대전지방법원 2013.08.12 2013고단2165

절도

Text

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

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Seosan Branch of the Daejeon District Court on July 27, 2012, and completed the execution of the sentence.

On December 11, 2012, the Defendant, at around 07:00, stolen a new card issued by the victim in a wall where the victim D was locked or crepited by the victim’s crepane in Daejeon-dong, Daejeon-gu, Daejeon-gu, Daejeon-gu, and the victim D was involved in the crepane of the victim’s crepane.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each investigation report (specific circumstances of a suspect / Victim D Card Use Statements);

1. Previous records: Application of a reply to inquiries, such as criminal records, and each investigation report (Attachment, such as a copy of the judgment, / Confirmation of the date of release, etc.);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Although the reason for sentencing Article 35 of the Criminal Act among repeated offenders had a history of criminal punishment several times, the Defendant again committed the instant crime during the period of repeated crime, and did not receive any punishment from the victim. It is inevitable to make a strict punishment corresponding to the relevant criminal liability.

However, there is a reason for normal participation, such as the fact that the defendant makes a confession of crime and reflects his depth.

In addition, the sentencing conditions indicated in the records of this case, including the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, etc., together with the circumstances where the Defendant was sentenced to two years of imprisonment by larceny, etc. at the Daejeon District Court on March 29, 2013, and is still pending in the appellate trial, the sentence shall be determined as per the disposition, taking into account