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(영문) 대구지방법원 김천지원 2016.11.03 2016고단1421
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 7, 2015, the Defendant was sentenced to nine months of imprisonment for habitual larceny at the Changwon District Court, and the execution of the sentence was terminated on April 14, 2015.

1. On July 4, 2016, around 10:20 on July 4, 2016, the Defendant: (a) placed in the venue of the victim C’s operation in the Gumi-si B; (b) placed in the display belt one 27,700 won of the market value of the victim’s possession; (c) cut off by inserting 1,70 won of the total market value of the victim’s possession in the display belt; (d) 3, 3, 3, 5, 1, 1, 2, 2, in a coffee room in which the Defendant was in possession.

2. At around 12:15 on August 11, 2016, the Defendant: (a) 201:2, the sum of 21,800 won of the market price on the display belt owned by the victim; (b) 2,800 won of the market price on the display belt was stolen by putting 12:80 won of the Defendant in a bank owned by the Defendant.

3. On September 22, 2016, around 11:10 on September 2, 2016, the Defendant: (a) stolen a son-Jam in an amount equivalent to the total market value of 8,000 won, which is the ownership of the victim that was placed in the display belt; and (b) a colon of glyglutinous rice into a bank possessed by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. On-site photographs, CCTV images, CCTV images of a suspect moving route, CCTV photographs of a suspect additional moving route, site photographs, photographs of a stolen product and receipts for the price of the damaged product;

1. Previous records: Criminal history records, etc., written judgments, summary orders, personal confinement status, and the application of Acts and subordinate statutes as a result of the inquiry inquiry report, written judgments, summary orders and personal confinement

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

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. One month to eighteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the sentencing criteria (determination of types) for the larceny of general property (general larceny) and mitigation factors: Living penalty and non-living penalty.

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