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(영문) 대전지방법원 2013.12.18 2013고단2378
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 4, 2013, at around 19:30 on April 4, 2013, the Defendant: (a) placed the victim D in Daejeon Dong-gu Daejeon Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Si

2. On April 29, 2013, at around 19:00 on April 29, 2013, the Defendant: (a) placed at the display stand of the three-story burial in the above E, and (b) placed at the display stand of the three-story burial, the Defendant: (c) placed in a bank which was prepared and possessed in advance the total market value of KRW 52,360,00 in total, such as one the instant victim’s boundary line; (d) one the instant unit, the road map, which is the victim’s ownership; and (e) three the lot, persuatuol, three the lot, and one the paper, the shape of a kimchi, which has a satis, was stolen

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Photographs of damaged articles;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. From among concurrent offenders, there are several records of being sentenced to a fine or a punishment for suspended execution due to the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and in addition, on May 11, 2012, the Daejeon District Court sentenced two years of suspended execution to larceny for six months and sentenced to two years of suspended execution on May 19, 2012, which became final and conclusive on May 19, 2012, it is deemed that the sentence of a sentence is inevitable in view of the fact that the same crime was repeated

However, the crime of this case shall be determined as ordered by taking into account the following circumstances: the so-called living criminal; the stolen goods were recovered at the site; and the defendant's age, character and conduct, family environment; motives, means and results of the crime; and other circumstances that conditions for sentencing, such as the circumstances before and after the crime, etc.

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