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(영문) 대구지방법원 서부지원 2016.12.22 2016고단2607
절도등
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On October 6, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Daegu District Court, and completed the execution of the sentence in the Ansan Prison on January 17, 2016.

【Criminal Facts】

1. At around 01:35 on November 20, 2016, the Defendant stolen KRW 46,000 in cash from the ground wall, which was in custody of the driver’s seat, after opening a door door door door of a arche vehicle owned by the victim E-Wed vehicle owned by the victim D, which was parked in the relevant place, and 46,000 in cash, from the ground wall, which was in custody of the driver’s seat. At the same time, the Defendant stolen six gold bars in the boome bank located on the front floor of the booming bank, which was in custody of the driver’s seat.

2. Attempted larceny;

A. On November 20, 2016, the Defendant: (a) was placed in the Hpoter G owned by the victim G, who was parked in the Daegu Seo-gu F during the period between 01:00 on November 20, 2016, and was committed an attempted attempt without being opened, in order to steal the remaining money in the vehicle.

B. The Defendant above A.

Then, the victim J's vehicle parked in the Daegu-gu International Building came into existence, and was committed without being opened in order to steal the remaining money, etc. in the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police suspect interrogation protocol of L or M;

1. Each police statement against G and J;

1. Investigation report (as to attaching photographs of seized articles and photographs of the site of seizure);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (verification of the date of final release from office and related judgments, etc.);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes shall be the accused of concurrent crimes, etc.

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