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(영문) 대전지방법원 2018.09.14 2018고단1794
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records of Crimes] On August 16, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daejeon District Court on one year and six months, and the said judgment became final and conclusive on December 20, 2013, but the said suspended sentence was revoked on July 28, 2015, and the execution of the said sentence was terminated at the Daejeon Prison on December 16, 2016.

around 10:50 on June 30, 2017, the Defendant: (a) discovered out one out of the air conditioner, the market price of which is equivalent to KRW 300,000,00,000, and stolen the above out of the air conditioner 22,000,000,000,000,000,000).

On May 29, 2017, the Defendant: (a) on May 29, 2018, at the “E” parking lot located in Daejeon Daejeon, Daejeon, Daejeon on May 15:28, 2017, the victim F-owned market price of the victim F-owned, which was kept in his/her custody, carried the gap in the amount of KRW 300,000,000 of the victim F-owned market price of the victim F-owned, and carried it in his/her hand.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

"2018 Highest 1794"

1. Statement by the defendant in court;

1. C’s written statement “2018 Colonel 2594;

1. Statement by the defendant in court;

1. F's damage statement "Chography Department";

1. Application of Acts and subordinate statutes to inquiries about criminal history, personal acceptance status, investigation report (including reports on confirmation of the cancellation of suspended sentence A against the suspect, additional decision and case inquiry).

1. Relevant Article 329 of the Criminal Act (a thief) and selection of punishment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] Type 1 of the Act on the thief for General Property (the theft of things, etc. left alone) and the area of special mitigation [one to six months] [the person who is specially mitigated] living type, physical and mental weak (no one responsible for himself/herself] [the decision of sentence] below, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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