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(영문) 대전지방법원 2018.09.06 2018고단2192
절도
Text

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

The defendant shall pay 350,000 won directly to the applicant for compensation for physical damage.

Reasons

Punishment of the crime

[criminal history] On March 23, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, occupational embezzlement, etc. at the Suwon Giwon, and was released on July 30, 2015 and passed on November 4, 2015 during the execution of the sentence.

[2] On June 13, 2018, the Defendant, “2018 Highest 2192,” committed a theft with KRW 350,00,00,00,00 in cash, which was owned by the victim, who was placed in the custody of the company F for the settlement of accounts using a cresh in which the employee F was engaged in cleaning, while the Defendant was found to be a guest, at around 04:02 in Daejeon-gu D and 2nds of Daejeon-gu, Daejeon-gu, Daejeon-gu, and in one seat.

On October 20, 2018, the Defendant: (a) from around 03:51 on December 20, 2016, the “I” room for the operation of the victim H in the 2nd floor of the G and the “I” room of the victim in the 2nd floor; (b) while the Defendant found the PC as a customer, the Defendant stolen the cash of 220,000 won owned by the victim in the Kabter credit cooperative located in the Kabter in order to clean up the PC.

Summary of Evidence

"2018 Highest 2192"

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A written statement;

1. The CCTV screen at the scene of a crime and CCTV video recording;

1. Each report on investigation;

1. A reply to inquiries about criminal history, "2018 Highest 2597";

1. Statement by the defendant in court;

1. Written Statement;

1. On-site photographs and criminal scene photographs;

1. Each investigation report and accompanying documents;

1. Current status of personal expropriation;

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Relevant Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the facts constituting the crime;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Crimes of Article 25(1), Article 31(1), and Article 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Order [the scope of recommending punishment] Crimes of Type 1 [the scope of punishment] for general property, which are not subject to the aggravation area (10 months to 2 years) (special aggravated person] of specific crimes (the scope of recommending punishment].

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