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(영문) 대구지방법원 2017.09.26 2017고단2641

절도등

Text

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

Reasons

Punishment of the crime

On September 10, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Cheongju District Court on March 15, 2016, and the execution of the sentence was terminated at the Cheongju District Court on March 15, 2016. On June 23, 2016, the Daegu District Court sentenced eight months to imprisonment with prison labor for larceny, etc. on March 3, 2017, which became final and conclusive on March 3, 2017. On March 30, 2017, the Defendant was sentenced to imprisonment with prison labor for eight months and a fine of three hundred thousand won on August 11, 2017.

On February 13, 2017, around 13:00, the Defendant invadedd the victim D’s house located in G, G, Gyeongdong-gun, G, and then stolen the Defendant’s house with a 300,000 won in cash, which is the victim’s possession at the entrance, and 70,000 won in old color, which is the victim’s possession at the entrance, at the entrance of the instant house.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on internal investigation (in cases of attaching, etc. on-site photographs), and a report on internal investigation (in cases of name unexplosion, characteristics of the suspect, and tracking of the same vessel);

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, report on the results of confirmation of the previous convictions and dispositions, investigation report (in the case concerned, attachment of the relevant indictments, written judgments), each of the court rulings (netly 16, 17, 18, 20, 21, and 22), application of the Acts and subordinate statutes governing the search of the system of each prosecution cases

1. Relevant legal provisions concerning the crime, Article 329 of the Criminal Act that provides for the choice of a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is based on the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions stated in the records and arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, etc., shall be determined as per the order.

The defendant is at a disadvantage.