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(영문) 대구지방법원 2014.08.29 2014고단2813

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 24, 2005, the Defendant was sentenced to one year of imprisonment for special larceny at the Daegu District Court. On July 25, 2013, the Defendant was sentenced to nine months of imprisonment for the same crime in the same court. On August 12, 2013, the Daegu Detention House completed the enforcement of the sentence.

On May 17, 2014, around 02:50, the Defendant discovered and accessed the victim C, who was under the influence of alcohol while on the part of the IBK Enterprise Bank, in front of the IBK Enterprise Bank in Daegu, where he was killed, and flabed together with each other, and was able to commit the crime, and the Defendant was able to look around the surrounding areas, reported the network, and the victim was flabed with 10,000 won in cash from the victim’s flab on the part of the victim.

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 by the prosecution concerning D;

1. Statement to C by the police;

1. Investigation report (on-site CCTV verification);

1. Previous for judgment: Application of criminal history records, investigation reports (verification during the period of a suspect A repeated crime) and other Acts and subordinate statutes;

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 [the scope of recommending punishment] Class III (6-1 year) mitigated area (6-1 year) of the Act on Larceny for general property. [Special Mitigation] is not only a crime during the repeated crime period due to the same crime (decision of sentence] but also a criminal act during the repeated crime period, there is a record of being sentenced several times of punishment, and there is no way to commit a theft of property from the main money in different countries. However, damage is not serious, and it is not easy to agree with the victim. The defendant has reached this court's wrong judgment; the defendant is able to support and live a life in good faith; the age, character and behavior conditions of the defendant, the defendant's environment, the motive and circumstances of the crime, the motive and circumstances of the crime, and the circumstances.