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(영문) 대구지방법원 2015.04.10 2015고단456

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 27, 2009, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (special rape) at the Daegu High Court, and completed the execution of the sentence in the Daegu Prison on February 19, 2013.

【Criminal Facts】

On January 18, 2015, at around 04:05, the Defendant: (a) cut off one cell phone of the victim’s 6 Aphone 1,50,000 at the market price, which is the victim’s ownership in the vehicle, in front of the new point of “D” located in the Daegu Suwon-gu, Daegu Suwon-gu; (b) the victim E was seated in the top of the FF-learning car, and was able to cut off due to the difference in the heatd windows, and (c) the damaged party E was laid down.

Summary of Evidence

1. Statement of each prosecutor's protocol of examination of the accused;

1. Entry of the E-document;

1. Images of photographs of damaged mobile phones;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes entered in criminal records, references to criminal records, copies of written judgments, and references to police records;

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

1. The reason for sentencing Article 35 of the Criminal Act among repeated crimes [the scope of punishment under law] Article 35 of the Criminal Act : one month to 12 years of imprisonment [the decision of punishment ] : the second type (general larceny) of the larceny of general property among the larceny crime group : No aggravation of punishment [the decision of the recommending area and the scope of punishment : Imprisonment for 4 months or 10 months [the general person] aggravation of punishment: there is no mitigation factor of double repeated crimes: [the decision of sentence ] The defendant committed the larceny crime of this case during the repeated crime; the defendant committed the crime of this case in the same way that he was punished due to the theft of goods inside the vehicle through the window of the vehicle opened before the instant case. In this case, the method of the crime, such as larceny of goods inside the vehicle without being able to have known of the victim of the vehicle, and the method of the crime, such as robbery, is likely to cause robbery.