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(영문) 대구지방법원 2019.09.03 2019고단967
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On July 7, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Daegu District Court, which completed the execution of the sentence in the first prison of North Korea on January 5, 2017.

【Criminal Facts】

From December 2, 2018 to January 21, 2019, the Defendant served in the warehouse of the victim C, which is operated by the victim C, in the Gyeongbuk-gun.

At around 14:00 on January 23, 2019, the Defendant: (a) opened and intruded the correction device of the warehouse by inputting the password that he had become aware of while working in the warehouse; and (b) cut off goods equivalent to the sum of KRW 9,650,00 in total, 1,650,000, which are the victim’s possession, which were stored in the warehouse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal death (Attachment of field photographs);

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that prescribes the punishment, and Article 319 (1) of the Criminal Act (the point of intrusion on a structure and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [Type 4] for general property; intrusion larceny (special scams): In cases of intrusion upon places, other than indoor residential space, the factors of aggravation: The area of mitigation of punishment (the area of recommending punishment and the scope of recommending punishment] for the same repeated crime not falling under the specific crime aggravation (the scope of recommending punishment) and imprisonment for August through June;

2. Determination of sentence: Determination of sentence, in full view of the following circumstances of October and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and various conditions of sentencing as shown in the argument of this case, the punishment shall be determined as ordered.

Unfavorable circumstances: the defendant has worked for him during the period of repeated crime.

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