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(영문) 대구지방법원 2018.05.10 2018고단1250
절도
Text

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

Reasons

Punishment of the crime

[criminal records] On June 17, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention House on October 11, 2016.

[Criminal facts]

1. On February 13, 2018, the Defendant committed the crime: (a) around 18:30 on February 13, 2018, around 140, 140, at the bicycle storage facility located in the Daegu Northern-gu, Daegu-gu, Daegu-gu, and 140, the Defendant left a bicycle with the victim C’s market price of KRW 500,000, 300.

2. On February 18, 2018, the Defendant, at the place specified in paragraph 1 around 19:40 on February 18, 2018, 201, carried out one bicycle for the victim D at around 500,000 won at the market price, which is equivalent to the victim D.

Accordingly, the defendant stolen the victims' property twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements in C and D;

1. A protocol of seizure and a list of seizure;

1. A report on investigation (specific suspect), report on internal investigation (on-site inspection), investigation report (verification of surrounding CCTV and tracking investigation);

1. On-site photographs and damaged bicycle photographs;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (the same type of criminal records and results of inquiry about confinement information);

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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

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

1. Scope of the recommended punishment according to the sentencing guidelines / [Scope of the recommended punishment 2] Crimes No. 1 [Scope of the recommended punishment / [Scope of the punishment / [Scope of the punishment ] Scope of the punishment for the same kind of repeated crime not falling under the aggravated area (10 months to 2 years) of the aggravated area (10 months) of the general property / [Scope of the recommended punishment / [Scope of the punishment ] mitigated area of the mitigation (4 months to 10 months) of the mitigated area of the general property / The punishment not for the same type of repeated crime not falling under the aggravated area of the specific crime (the aggravated amount of the punishment / The aggravated amount of the punishment according to the aggravated amount of the majority repeated crime of the same kind of crime, which is not the aggravated amount of the punishment for the general property: October to February:

2. The defendant who has rendered a sentence shall be sentenced to imprisonment for the same kind of crime.

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