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(영문) 대구지방법원 김천지원 2019.07.16 2019고단459
야간방실침입절도등
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2018, the Defendant was sentenced to a suspended sentence of ten months for larceny, etc. in the Daegu District Court Kimcheon Branch of the Daegu District Court on September 7, 2018, and the judgment became final and conclusive on September 7, 2018. However, on March 2, 2019, the said suspended sentence was revoked, and is currently serving a prison term in the Kimcheon Juvenile Reformatory.

【Criminal Facts】

1. From around 20:00 on February 26, 2019 to around 03:00 of the following day, the Defendant: (a) removed the package of the party’s substitute compensation manager who was managed by the victim D, and then stolen with two boxes equivalent to KRW 5,00,00 in the market price.

2. At night, around 03:00 on March 5, 2019, the Defendant: (a) entered the Gmotour management room operated by the victim F of the victim F in Gumi-si, Gumi-si; (b) cut off the victim’s seat with the victim’s key to the Motour H, which was located therein.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of I and F;

1. A report on internal investigation (with respect to photographs), the scene, and CCTV photographs;

1. Investigation reports (on-site photographs attached, ctV images attached), on-site photographs, and CCTV photographs;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Investigation reports (verification of criminal records of the same kind of suspect, confirmation of criminal records of the same kind), each judgment, etc., and application of Acts and subordinate statutes such as criminal records, etc.;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night) concerning criminal facts and the choice of punishment;

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

1. Scope of punishment by law: One month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) No. 1 crime (a decision on a type of larceny) (a) (a decision on a type of larceny at night) (a decision on a type of larceny) (a special person) (a special person) mitigated element of larceny in general property: a living penalty, a non-exclusive penalty (a decision on a type of larceny in general property) (a decision on a type of larceny in general property.

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