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(영문) 대구지방법원 김천지원 2017.04.13 2017고단294
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 28, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law (drinking driving), etc. at the Daegu District Court Kimcheon on April 28, 2016, and two months from the Daegu District Court on September 20, 2016. On January 2, 2017, the Defendant completed the execution of each of the above punishment at the Daegu District Court.

On March 1, 2017, around 11:53, the Defendant discovered an influence in the market where a farm container was parked in Gumi-si C, and the victim D parked in his/her seat, and used the gap in which there is no victim to steal the said horse.

Accordingly, the Defendant found in the “F” retail business for agricultural machinery in the Gumi-si, Sinsi, and moved the business owner G to the above place, and then sold the said horse to G as if it were no longer necessary to sell the dry field, and sold it to G as if it were disposed of as if it was no longer necessary to sell the dry field, and then cut it by having G carry the said horse onto the cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Reports on internal investigation (specific relation to the identity of the suspect), investigation reports (specific relation to the suspect);

1. A repeated offense: Application of a reply to inquiry, such as criminal history, and a report on investigation (Confirmation of a suspect A's previous thief and completion of the execution of punishment);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: not only was punished several times for the same thief crimes, but also was punished for the same thief crimes, and two months have passed since the execution of punishment was completed for the same kind of crime, and thus, circumstances favorable to the recidivism have been committed: the defendant is against themselves; the horse is returned to the victim; the victim was restored; the victim was committed to raise the hospital expenses of the wife; the elderly was committed; the defendant's personality and behavior, family relationship, living environment, and the circumstances after

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