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(영문) 대구지방법원 2015.06.09 2015고단1612
절도
Text

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

Reasons

Punishment of the crime

On May 8, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor due to night residence intrusion larceny, etc. at the Daegu District Court, and the judgment became final and conclusive on the 16th of the same month.

1. Around 16:00 on October 4, 2014, the Defendant: (a) committed a theft by loading 300,000 ELD (LG) 29 Television television on the Defendant’s car, which was owned by the victim C, at around 16:0,00; (b) the victim C’s market price, which was owned by the director, was equivalent to 30,000 won.

2. On November 9, 2014, the Defendant entered Sinsan-si No. D502, around 17:00 on November 9, 2014, and stolen the Defendant’s vehicle by carrying one of the main computer units with the Defendant’s vehicle, which is equivalent to KRW 500,000, at the victim E-owned market in the location.

3. Around 18:00 on November 18, 2014, the Defendant: (a) committed a theft by carrying two TV sets of 600,000 won in total at the market price owned by the victim G, at around 18:0,00, at around 202 and 203, in the Defendant’s car.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, E, and G;

1. Investigative intelligence reports, reports on the occurrence of each thief incident, reports on internal investigation and reports on internal investigation (specific relation to the suspect);

1. Records before judgment: Application of inquiry reports about criminal records, etc. and copies of indictment-related Acts and subordinate statutes;

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

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent 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. Scope of the recommended punishment according to the sentencing guidelines - Part 1 (Scope of Recommendation) - Part 4 (Offense of Larceny) mitigated (Influence from August to June) in the mitigated area (Influence) [Special Mitigation)] in general property - Part 2 (Scope of Recommendation] in the mitigated area (Influence), Part 4 (Influence from August to January) in the mitigated area (Influence), Part 4 (Influence), in the mitigated area (influence from August to June) in general property - Part 3 in the Residential Crimes - Part 2 in the basic area (influence to general property), (influence from June to June) in general property / [the scope of Recommendation] in accordance with the aggravated punishment due to the aggravated punishment by a majority who does not exist: August to September 2.

2. Circumstances in light of the circumstances:

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