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(영문) 대전지방법원 2015.05.15 2015고단997
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 14, 2014, the Defendant: (a) around 01:15, at the construction site of the open C&C building located at the time of Ansan-ri 44-20 on November 14, 2014, the Defendant laid down the amount equivalent to KRW 4,00,000 at the market price of 20, which is the building materials owned by the victim the victim P, and KRW 2,500,000 at the artificial 10 market price.

Accordingly, the Defendant stolen the amount of KRW 6,500,000 owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to P;

1. Relevant legal provisions on criminal facts, Article 329 of the Criminal Act on the choice of punishment, reasons for sentencing of sentence [the scope of recommending punishment] thief on general property, the mitigated area (1 to 6 months) of punishment (1 to 6 months) [Special Mitigation] of life-based crimes [decision on sentence] of punishment for larceny in the past, the fact that there is a history of being sentenced two times to punishment for larceny in the past is unfavorable.

However, there are favorable circumstances, such as the fact that the defendant is suffering from all mistakes and reflects against the defendant, the fact that the defendant was not subject to larceny for not less than 20 years, and the defendant's living together with the defendant wanting to be shotly about the defendant's wife against the defendant. Therefore, the punishment shall be determined like the order, comprehensively taking into account all the circumstances.

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