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(영문) 대구지방법원 경주지원 2019.07.17 2019고단169
절도등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2019, the Defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended execution for larceny, etc. in the Daegu District Court and racing support, and the judgment became final and conclusive on February 8, 2019.

1. At around 03:10 on November 6, 2018, the Defendant: (a) opened a car sprink owned by the victim C and opened a car 20,000 won in cash in the parking lot of the building B, which was parked without correction, and subsequently stolen KRW 884,000 in total five times on December 6, 2018, as shown in the list of crimes in the attached Table, from that time, the Defendant stolen it.

2. On November 6, 2018, the Defendant attempted to larceny, around 03:09, and attempted money and goods inside thelley of the city E on the following occasions: (a) while intending to steals money and goods inside an unscamed vehicle and colors the object, the Defendant was in custody of G benz car owned by the victim F, but the sentence was corrected, and was not corrected, and thus, did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, F, H, I, J, and K;

1. Each investigation report and internal investigation report;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (verification of the same kind of power and the latter concurrent power);

1. Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act concerning the relevant criminal facts;

1. Selection of penalty: Selection of imprisonment with prison labor;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Even though the defendant is under criminal trial for the same kind of crime, the criminal liability is not somewhat weak in that he/she committed the crime in this case repeatedly.

However, the defendant seems to be committing a crime, the defendant seems not to have good mental or physical health, the defendant has agreed with some victims, and the judgment was issued simultaneously with larceny in the final judgment (eight months of imprisonment, two years of suspended execution, two years of probation), etc.

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