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(영문) 대구지방법원 김천지원 2018.04.25 2018고단286
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 23, 2016, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. and completed the execution of the sentence on February 28, 2018.

1. On March 2, 2018, at around 01:30, the Defendant: (a) opened a studio parking lot located in the studio in the 28-lane 28-gil, Macheon-si, Kimcheon-si, and kept in the studio and kept in the studio in the studio.

10,000 won with 40,000 won in cash and 20,000 won were stolen.

2. On March 18, 2018, the Defendant discovered one bicycle box owned by the victim’s name and Buddhist boxes, who was not corrected in the dry field located in the majority of Kimcheon-si, Kimcheon-si, and then stolen it.

3. On March 18, 2018, at around 10:40, the Defendant: (a) opened a door that was parked in the F Building parking lot in Kimcheon-si, Kimcheon-si, with a cash of KRW 1:20,000,00 from the wallet that was kept in the storage box of the victim G, and opened a door that was not corrected for the H Hastetian car, and then stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement G and C;

1. Police seizure records;

1. A report on internal investigation (on-site and CCTV photographs), a report on internal investigation (Attachment to field photographs), and a report on investigation (limited to the date, time, and place of the theft of bicycles);

1. Previous conviction: Application of a written reply to inquiries, such as criminal history, text of judgment (Evidence List No. 28), and Acts and subordinate statutes concerning personal confinement;

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

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

1. Reasons for sentencing 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 (hereinafter “Aggravated Punishment”), 2 types (general larceny) [Aggravated Punishment] mitigated element for general property: Reduction element for identical repeated crimes (decision in the sphere of recommendation] that do not correspond to the aggravation of specific crimes (reggravated Punishment): Reduction element for identical repeated crimes [a scope of recommendation] mitigated area / [a scope of recommendation] 4 months to 10 months [a general sentencing person] aggravated element: The same criminal record (10 years after the completion of execution) that does not correspond to repeated crimes.

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