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(영문) 대전지방법원 2016.07.27 2016고단1342
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 10, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. by the Daejeon District Court on July 10, 2015, and completed the execution of the sentence in the Clean Prison on December 6, 2015.

Criminal facts

[2016 Highest 1342] On December 23, 2015, the Defendant arbitrarily stolen the property of the victims of the market price, as soon as he operated by the victim D D in Sejong-si around 02:0 on December 23, 2015.

[2016 Highest 1769] On April 15, 2016, the Defendant: (a) went into an elementary school of Sejong Special Self-Governing City of Sejong on April 15, 2016; (b) opened an entrance door of a class in the school year and opened an entrance; and (c) in cash within the premises owned by the victim G located under the deposit of the said site.

As a result, the theft was committed.

Summary of Evidence

[2016 order 1342]

1. Statement by the defendant in court;

1. Statement made by the police with D (2016 senior group 1769);

1. Statement by the defendant in court;

1. G statements;

1. Previous records of judgment on site photographs: Application of a reply to inquiry, investigation report (final confirmation of the expiration of the term of punishment of the suspect); and

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act (a point of intrusion on a structure), and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentence imposed under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes: Not only four times the same criminal history, but also the crime committed during the term of a repeated crime immediately after the release of the same kind of crime; the crime committed at the top of a repeated crime, which is a crime immediately after the release of the same crime; the crime committed at the top of 1769 on the top of 2016, which is a crime committed by intrusion upon the class of the school and theft of property: The decision of the sentence to the effect that all stolen goods have been returned immediately after the crime; the confession and reflect are made: The above circumstances are different from others, taking into account the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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