(영문) 대전지방법원 2020.04.02 2020고단270

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(영문) 대전지방법원 2020.04.02 2020고단270

절도

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

Reasons

Criminal facts

On July 3, 2008, the Defendant was sentenced to 10 months of imprisonment with prison labor for night building intrusion larceny at the Daejeon District Court, and on June 3, 2014, the same court was sentenced to 1 year and 6 months of imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and on July 11, 2019, the Defendant was sentenced to 4 months of imprisonment with prison labor for night building intrusion larceny at the same court and became final and conclusive on January 29, 2020.

On December 26, 2019, the Defendant: (a) confirmed that the back seat k5 vehicle, the victim C was parked at the Jung-gu B apartment parking lot of Daejeon, Daejeon, Daejeon, on December 26, 2019, the Defendant: (b) opened a driver’s seat; and (c) removed one of the cash 60,000 won and one of the 18K gold 200,000 won in the market value, which were the victim’s possession, and turned down inside the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. CCTV-recording images, such as CCTV photographs, such as the face of a crime, and the face of a crime;

1. Previous convictions in judgment: Criminal records, court rulings, and application of Acts and subordinate statutes reporting criminal investigations;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes include all of the crimes of this case, the defendant's age, character and conduct, environment, motive and means of the crime, and the result of the crime, and the circumstances after the crime, etc. are more favorable to the defendant, but there are numerous criminal records of the same kind that are favorable to the defendant. In particular, the defendant committed the crime of this case after being sentenced to imprisonment by this court on July 11, 2019, and before the judgment becomes final and conclusive after being sentenced to imprisonment with prison labor, and no damage has been restored to the victim. The records of this case are more favorable to the defendant.

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