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(영문) 대구지방법원 2015.05.19 2014고단5768
절도
Text

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

Reasons

Punishment of the crime

On August 7, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Bribery) in the Jinwon District Court's Jinju branch on August 7, 2012. On January 17, 2014, the Defendant completed the enforcement of the sentence in the Daegu Prison.

At around 18:00 on July 29, 2014, the Defendant: (a) 18:00, the “E” bank operated by the victim D in Daegu-gu, Daegu-gu, would run as if he were the F and the married couple living together at the time; (b) 18K gold bars owned by the victim; (c) 1,195,000 won at the market price of 7.09,000,000, the victim’s 18K gold bars owned by the victim, and (d) 1,195,000,000 won at the time; and (d) 1,195,000 money was collected from the Daegu-gu Bank.

Accordingly, the defendant stolen the victim's property.

At around 18:05 on August 5, 2014, the Defendant, “2015 Highest 1080,” committed as if he was a deadly related student of K which he had come to know by the victim I (the age of 56) located in H of the Busan East-gu, Busan, the Defendant, as of August 5, 2014, proposed to show one (1,430,000 the market price at which he had been displayed at the display stand of the victim to show one (1,80,000,000 won) and immediately escaped.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F, D, I, and K of the Act and subordinate statute;

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended punishment according to the sentencing guidelines - Part 1 (Scope of Recommendation) - No basic area (6 months to one year and six months) of the theft of general property (general larceny) - No person who is a special person] - Part 2 crime / [Scope of Recommendation] mitigation area (4 months to ten months) of mitigation area (general larceny) of category 2 (general larceny) of general property, reduction area (limited to punishment) of mitigation area (limited to punishment / [special mitigation area] of mitigation area (limited to 4 months to ten months) of punishment.

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