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(영문) 대전지방법원 2018.12.12 2018고단3777
절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On November 26, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc. at the Daejeon District Court on May 15, 2017, and the execution of the sentence was terminated in the Daejeon District Court on May 15, 2017. On September 13, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc., and the judgment became final and conclusive on September 21, 2018.

[2] On January 14, 2018, the Defendant, at around 14:00, went into the house of the victim D, who was located in Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and went into the house, opened the side of the victim D without correction, and invaded the victim’s cash, which is the victim’s possession, and stolen it. From January 14, 2018 to the Habn of the same month, the Defendant invadedd the victim’s residence on seven occasions in total, as shown in the list of crimes, and attempted to steal the victim’s property, one of which was the victim’s possession on seven occasions, but committed attempted to steal the victim’s property, but the Defendant stolen the victim’s property at a total of 4.277,00 won at the market price owned by the victims on six occasions each, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of D, F, G, H, I, and J;

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of crimes and attachment of judgment for latter concurrent crimes during the period of repeated crimes);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of rooms), Article 329 of the Criminal Act (influence of rooms), Articles 342 and 329 of the Criminal Act, Articles 342 and 329 (influence of larceny) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and all other conditions of sentencing as shown in the records, including the defendant’s age, sex, environment, circumstances before and after the crime, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances.

The favorable circumstances: The defendant's confession and cooperation with the investigation is against himself, and the latter is a concurrent offender after Article 37 of the Criminal Code.

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