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(영문) 대구지방법원 2015.09.11 2015고단3346

특수절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 22, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Daegu District Court, and the judgment became final and conclusive on July 30, 201. However, on March 31, 2012, the suspended sentence was revoked, and the execution of the sentence was terminated on January 11, 2013 at the Kimcheon Juvenile Reformatory, and on September 25, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for indecent act, etc. at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention District Court on January 19, 2015.

At around 01:03 on June 11, 2015, the Defendant, together with his name influence, 01:03, was in the waiting room of the Daegu East-gu New Cancer 4, KSX East-dong, Daegu-gu, and KSX East-dong, and the Defendant, who was seated with the passenger waiting, changed the network to the victim C. The Defendant reported the network in cash of KRW 2,30,000,000 from the main machine of the victim, the modern flag card of KRW 100,000,000,000 in the market price, agricultural product rights of KRW 50,00,00,000 in the market price, transportation cards, modern cards, agricultural card, agricultural card, Daegu-gu bank card, resident registration certificates, and driver’s license.

As a result, the defendant stolen the victim's property jointly with the person who was not the victim of his name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on damage, a report on investigation, and a screen of CCTV-cape at the scene of a crime;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type of force and repeated crimes concerned), each judgment, and application of Acts and subordinate statutes to the current status of confinement of individuals;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of recommending punishment according to the sentencing guidelines (the scope of recommending punishment) [the scope of recommending punishment] for general property, which does not correspond to an aggravated area (one to three years) (one year and three years) for general property;

2. As stated in the first head of the ruling of sentence, the defendant shall be punished by imprisonment for the same kind of crime.