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(영문) 대전지방법원 2016.08.24 2016고단1782

절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal record] On April 27, 2012, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on the Aggravated Punishment, etc. of Specific Crimes. On May 2, 2014, the period of parole passed on August 17, 2014.

[Criminal facts]

1. On January 21, 2016, the Defendant: (a) discovered the victim C’s disturbance, which was set up in the Gamama-dong Gaon parking lot in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, that the door of the vehicle was not corrected; (b) opened the door and color the property; (c) did not discover the object to be stolen; and (d) did not commit an attempted crime.

2. On May 17, 2016, the Defendant discovered that, at around 02:20 on May 17, 2016, the door of the victim E-owned F Kaol car was not corrected at the victim E-owned F Kaol parking lot located at the 341-gil 26-ro, Seo-gu, Daejeon, Seo-gu, Daejeon, Daejeon, and that the 82,500 won was not corrected, and the Defendant opened a door and opened a cash.

(v) A theft was committed.

From March 31, 2016 to May 22, 2016, the Defendant stolen the property owned by the victims worth KRW 1,551,500 in total four times, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, C, H, and I;

1. Photographs of vehicles and damaged articles;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (verification of repeated crime period);

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 342, 329 of the Criminal Act concerning the choice of punishment (the attempted thief, the choice of imprisonment), and Article 329 of the Criminal Act (the intention of Section 3, the choice of imprisonment, and the choice of punishment);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the sentencing guidelines for larceny based on the sentencing guidelines set out in the decisions on the scope of each punishment according to the sentencing guidelines is final according to the majority of the offenses from October to two years [the thief, theft against general property, theft against general property, general larceny, and aggravation [the same type of repeated offense which does not fall under special circumstances]].