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(영문) 대구지방법원 김천지원 2013.08.08 2013고단771
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On December 27, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court, which became final and conclusive on January 4, 2013, and is currently under suspension of execution.

【Criminal Facts】

At around 05:20 on June 20, 2013, the Defendant discovered the victim D who was under influence of alcohol from the stairs of the second floor, 310 Dong 310-dong 3-4, the Defendant: (a) discovered the victim D; and (b) followed the victim’s money, the Defendant 8,000 won in cash, 1 card, and one half of the half of the market price of the Plaintiff with one car driver’s license, which is equivalent to KRW 130,000 in the market price, and one half of the half of the half of the 130,000,000 won in the market price, which is equivalent to KRW 9,00,00 in the Samsung Gallon ju City, the market price of Samsung Gallon, and KRW 2,500 in the market price of the victim who was exceeded the victim’s side, together with 10,000,00 TNC products.

Accordingly, the defendant stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on internal investigation (with respect to the circumstances during which the relevant goods have not been seized) and photographs attached thereto;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (Attachment to previous records and related judgments), and application of statutes of the judgment;

1. Article 329 of the Criminal Act applicable to criminal facts, Article 329 of the choice of sentence, the reason for sentencing of sentence [decision of punishment] - Mitigation [Special Convict] for general property: The mitigated element of punishment is somewhat smaller than the lowest sentencing guidelines, taking into account all the circumstances, including the following: [the scope of recommendation] mitigation area, mitigation area, six months to one year [the general person] mitigation area, where considerable damage has been recovered [the case where considerable damage has been restored] [the decision of suspension of execution] applicable under the ground for suspension of execution [the decision of suspension of execution] applicable under the case where the judgment becomes final and conclusive, all stolen goods have been returned to the victim in addition to the above sentencing element]. The suspended sentence becomes void if this judgment becomes final and conclusive, and the defendant has a child to support.

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