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(영문) 대구지방법원 김천지원 2017.11.22 2017고단1180

절도등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 26, 2017, at around 00:10 on May 26, 2017, the Defendant: (a) committed larceny with the victim C, with a view to the “Esing practice hall” in the “Esing practice hall” operated by the victim, the Defendant: (b) taken back hand bags owned by the victim; and (c) taken off money equivalent to KRW 1.250,000 in cash in the victim’s name, resident registration certificate, driver’s license, and credit card and the safe credit card.

2. Damage to property;

A. The Defendant, at the time and place described in paragraph 1, destroyed the Defendant’s damage by setting up one of the unfolded winders and one of the CCTV monitors on the floor at the market price where the Defendant got out of the said singing room and was in the said place.

B. On May 26, 2017, the Defendant reported the dialogue between F and the victim who is currently attending the class at the instant singing practice place on May 26, 2017 and sent F out of F.

However, the market price at the entrance of the Kamerter, on the ground that F does not go to the Kamerter, was collected to the food forum and damaged the chemical drum.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Police seizure records;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article 329 of the Criminal Act (a point of intention) and Article 366 of the Criminal Act (a point of damage to property) and choice of imprisonment with prison labor for the crime;

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

1. In light of the circumstances and contents of the instant crime for sentencing under Article 62(1) of the Criminal Act, etc., the following facts are not good in light of the reason for sentencing under Article 62(1) of the suspended sentence, and the fact that there are several times of criminal records (two times of punishment, two times of suspended sentence, one time of suspended sentence), etc. that the Defendant was punished for violent crimes committed against the Defendant, which is unfavorable to the Defendant, and that the Defendant recognized the Defendant’s mistake and reflects it, and that the victim did not want the Defendant’