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(영문) 대구지방법원 경주지원 2020.06.10 2020고단88

특수절도

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 18, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in Daegu District Court racing support, and the judgment became final and conclusive on January 19, 2019. On February 21, 2019, the Defendant was sentenced to two months of imprisonment for a crime of fraud, etc., and the judgment became final and conclusive on May 10, 2019.

【Criminal Facts】

On July 28, 2014, at around 03:00 on July 28, 2014, the Defendant gathered from the victim C, operated by Sim-si, E (Suspension of Prosecution on the same day) with his/her pro-dong E (Suspension of Prosecution on the same day) by cutting off the door door of the above D entrance, and then cutting off the cash of KRW 100,000 in the above D accounting unit, and E used tobacco of KRW 674,600 in total market value in the display stand, and carried out 263 locks in plastic paper.

Accordingly, the defendant stolen the victim's property jointly with E.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. C’s statement;

1. Investigative reports (on-site parking, etc.), reports on results of field identification, photographs of each thief site, identification notice based on fingerprints of the theft case, and confirmation of identity of fingerprints of the theft case;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and criminal investigation reports (verification of facts committed before judgment becomes final and conclusive) Acts and subordinate statutes;

1. Article 331 (2) of the Criminal Act applicable to the relevant criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act mitigated due to the treatment of concurrent crimes;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Consideration of favorable sentencing factors among “the grounds for two sentences” below)

1. There are many unfavorable factors for sentencing, such as: (a) the crime of larceny of the method that damages the entrance by using the reason and tool of sentencing under Article 62-2 of the Social Service Order Criminal Act; and (b) the fact that the victim did not have any tolerance from the victim; and (c) the record of punishment for property crimes.

However, it is equitable and against the case of judgment at the same time as the first head crime in the ruling.