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(영문) 대구지방법원 김천지원 2021.01.14 2020고단979
절도
Text

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

The Defendant pays 1,750,000 won to the applicant for a theft. The foregoing shall apply to the applicant.

Reasons

Punishment of the crime

[criminal history] On February 8, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor due to intrusion upon residence at night at the Busan District Court and completed the execution of the sentence at the Jinju detention center on June 13, 2018.

[2] On May 20, 2020, the Defendant: (a) as if the Defendant sought jobs in the “D” restaurant operated by the victim B in the Gu, Si, Si, Si, Gu; (b) 30, 10, 10, 27, 15, 15, 1, 16, 16, 13, 13, 200,000 won of the new world merchandise coupon; and (c) 400,000 won of the market value, which includes 10,000 won of the back of the restaurant; and (d) 1,000,000 won of the original merchandise coupon operated by the victim B; and (d) 1,000,000 won of the original merchandise coupon owned by the victim at the back of the restaurant; and (d) 1,200,000 won of the total property of the 1,200,000 won of the Plaintiff.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. On-site reports (in relation to on-site conditions, etc.), field photographs, business registration certificates, internal investigation reports (Attachment of a photograph of the mobile phone calls of a victim B), photographs of mobile phone calls, photographs of the results of field identification, reports on the results of field identification, communications data meetings, photographs of the CCTV image-fashion, records, seizure list, list of seized merchandise coupons;

1. Previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (the confirmation of the same type of force and repeated offense), judgment and summary order, and search results of personal confinement status;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing of Article 25(1) and Article 31 of the Act on Special Cases concerning Compensation Orders and Promotion, etc. of Provisional Execution (Deduction of the value of gift certificates returned to the victim from 1920,000 won, which is 1.70,000 won or less) of the Criminal Act for aggravated repeated crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to 12 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of punishment]; the theft of general property [the type 2] general larceny [the person who is subject to special sentencing].

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