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(영문) 대구지방법원 2016.02.16 2016고단93
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 19, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court, and the sentence becomes final and conclusive on October 31, 2014, and is currently under the suspended sentence.

1. On November 20, 2015, at the H restaurant operated by the victim G in Daegu Northern-gu F on November 20, 2015, the Defendant taken up KRW 50,000,000, in cash owned by the victim who was under custody in the West-gu, Daegu-gu, Seoul-gu.

L. A. L. theft was committed.

2. On November 23, 2015, the Defendant, at the gas station located in Daegu North Korea-gu, Daegu North Korea-gu, the victim J, citing one of the safes with cash worth of 300,000 won owned by the victim, which was stolen by the Defendant.

3. On November 28, 2015, at around 07:00, the Defendant stolen the victim’s resident registration certificate, driver’s license, card, etc., located on his/her book, which was located on his/her own, from the New Offices in Daegu Seo-gu L, 130,000 won of the market price. On December 28, 2015, the Defendant stolen the victim’s cash 130,000 won, which was the victim’s possession, located on his/her bank in the Daegu Seo-gu, Seo-gu, Daegu-gu, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of J, M, P and G;

1. Photographss, such as a photo, ctv photographs after closure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and statutes to report on investigation (verification during the period of suspension of execution);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. The scope of the recommended punishment according to the sentencing guidelines - the scope of the punishment - the crimes of Type 1 [the scope of the recommended punishment] - the crimes of Type 2 (General Larceny) in the mitigation area (4 months to October) in general property - the living type - the crimes of Type 2 in the mitigation area (the scope of the recommended punishment / [the scope of the recommended punishment] in the mitigation area (4 months to October) in the mitigation area (the scope of the punishment / the special mitigation area) in the general property - the crimes of Type 3 [the scope of the recommended punishment] in the living penalty - the crimes of Type 2 (general thie) in the general property.

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