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(영문) 대구지방법원 2015.03.12 2014고단6684
절도
Text

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

A victim shall be the victim of the amount of money kept for one bicycle seized (No. 1).

Reasons

Punishment of the crime

On June 15, 2011, the Defendant was sentenced to one year and six months from imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on November 3, 201, and the execution of the sentence was terminated on November 3, 201, and on November 6, 2014, the Daegu District Court sentenced six months of imprisonment for a attempted larceny and became final and conclusive on June 14, 2014.

(Criminal Facts)

1. On July 19, 2014, the Defendant: around 13:49 on July 19, 2014,: (a) committed a theft by towing one bicycle in an amount equivalent to 180,000 won at the market price, which was installed without correction by the victim D’s children in front of the first floor of the building in Daegu-gu, Daegu-gu, Daegu-gu, without correction by the victim D.

2. On July 30, 2014, the Defendant: (a) committed the crime committed on July 30, 2014, on July 30, 2014, committed the theft of a bicycle with a market price, which is the ownership of the victim’s name and unclaimed winner, located in the front of the entrance, at the Bara, Daegu Dong-gu, Daegu-gu, Daegu-gu, with a single bicycle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A police seizure list;

1. Each investigation report (with respect to the details of the seizure of bicycles and the drilling prior to the disposition of the public auction of seized articles);

1. Five copies of the Ct v suspended screen, three copies of the site photographs of the case, and three copies of the damaged photograph;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, circular statements, written judgments, etc.;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. Article 35 of the Criminal Act among repeated crimes [Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes];

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the crimes of larceny for which each crime and judgment has become final and conclusive) concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for larceny against D who is heavier than the criminal administration)

1. The reason for sentencing of Article 333(1) of the Criminal Procedure Act for the return of victims to the victim [whether or not the sentencing criteria are applied] is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the sentencing criteria are not applied. [Determination of sentence] Although the defendant had been sentenced several times of punishment for the same crime, he commits the larceny in

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