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(영문) 대구지방법원 서부지원 2018.10.31 2018고단2422
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On August 13, 2018, at around 02:30, the Defendant accessed the victim C, which was used on the bed floor of drunk sea on the front side of the Seo-gu Daegu-gu, Daegu-gu, and then put the victim’s breab in the main machine, with D mobile phone equivalent to KRW 2,000,000 at the market price of the victim’s 2,00,000, which is the victim’s own land worn by the victim, or with D mobile phone equivalent to KRW 1,00,000 at the market price of the victim’s own land located far from the floor, and then cut back the victim’s breab

In addition, 80,000 won in cash contained in the above wall and two credit cards were stolen.

2. On August 25, 2018, at around 06:00, the Defendant accessed the victim G, which was used on the drunk sea floor, in front of the F-ro located in Daegu-gu, Daegu-gu, and stolen it with the victim’s cellular phone equivalent to H mobile phone equivalent to KRW 500,000, the victim’s main machine located far away from the floor, and the wall wall equivalent to KRW 130,000, cash located therein, KRW 130,000, KRW 1,000, KRW 1, driving license, and resident registration certificate.

Accordingly, the Defendant stolen the victims' property amounting to KRW 3,810,000 in total twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement G and C;

1. Each protocol of seizure and list of seizure of the police;

1. The application of the provisions of Acts and subordinate statutes to report internal investigation (in the course of committing a crime, CCTV tracking investigation), investigation report (in the course of committing a crime, CCTV tracking investigation), investigation report (in the course of committing a crime), investigation report (in the course of entering the crime, and CCTV tracking investigation due to escape);

1. Relevant Article 329 of the Criminal Act, the choice of imprisonment and punishment for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is that the defendant led to the crime of this case, and the victims do not want to be punished against the defendant by agreement with the victims.

However, this case is a case where the defendant had committed a so-called so-called “influence” crime against a prisoner, who was under the influence of alcohol, and thus, the nature of the crime is not very good in light of the applicable law of the crime, and the defendant.

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