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(영문) 대전지방법원 공주지원 2020.01.10 2019고단474

절도등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 20, 2019, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. in the Daejeon District Court on September 20, 2019 and completed the execution of the sentence in the Daejeon Prison on November 2, 2019.

【Criminal Facts】

1. From November 15, 2019 to June 16, 2019, the Defendant: (a) opened a string door that was parked by the victim D in front of “C” located in B at a new wall between the two pages of the same month; and (b) cut off the cash amount of KRW 60,000,000 in front of the “C” parked by the victim D.

2. At around 16:00 on November 26, 2019, the Defendant: (a) opened a driver’s seat parked by the victim H in the “GGGGGGGGGGGGGGF parking lot; and (b) found the goods to be stolen by entering the vehicle into the vehicle; (c) however, the Defendant attempted to commit it out of the church, which was discovered by the victim who observed it.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and D;

1. One copy of the CCTV images of the Gridge and each on-site photograph;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of power and the fact of repeated offense), and application of Acts and subordinate statutes to the personal accommodation status;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Of concurrent crimes, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the amount of damage caused by the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent crimes; (b) the victims are small amount of damage caused by the sentencing; (c) the victims are not subject to the punishment of the defendants; (d) a number of criminal records of the same kind have been committed; and (e) the crime has not been committed for one month after the completion of the sentence;