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(영문) 대전지방법원천안지원 2020.09.18 2020고단720
절도
Text

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

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

On February 20, 2020, the Defendant was sentenced to two years of suspension of execution for special larceny, special larceny, attempted larceny, larceny, and attempted larceny in the Daejeon District Court's jurisdiction on September 28, 202, and the judgment became final and conclusive on May 13, 2020, by the Daegu District Court sentenced two years of suspension of execution for six months of imprisonment for special larceny, special larceny, special larceny, larceny, and attempted larceny.

On January 19, 2020, the Defendant: (a) discovered DNA cars owned by the victim B, which were parked in a state that was not corrected at the street parking lot in front of the Dong-gu, Dong-gu, Dong-gu, Seoul, Seoul, and opened a door-to-face and opened a door-to-face, and sent cash of KRW 350,000, which was owned by the victim in the said car, from that time to January 29, 2020; and (b) stolen property of KRW 2,760,000 on a total of six occasions, such as the list of crimes, from January 29, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on the occurrence of the statements referred to in B, E, F, G, H, and I, each on-site photograph, each CCTV image creation photograph, any damaged object photograph, any site photograph, or the extraction photograph of CCTV image, any photograph, any photograph, any photograph, any photograph, any photograph, any photograph, any photograph, any photograph, any photograph, any photograph, any photograph, any of the black images of the damaged vehicles;

1. Criminal records, etc. inquiry reports, copies of written judgments, etc., investigation reports (verification of criminal records, etc. of the same kind of suspect), and application of Acts and subordinate statutes significantly;

1. Relevant Articles 329 and 329 of the Criminal Act concerning criminal facts, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings to Dismiss Application for Compensation agree with the victims of the reasons for sentencing (the scope of liability for damages is not clear), it appears that multiple crimes of the same kind are committed within a short time and thus, the risk of recidivism is high.

The fact that there are latter concurrent crimes that should be taken into account in equity, and other reasons.

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