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(영문) 대구지방법원 2016.08.11 2016고단2782
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 7 shall be confiscated.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to a suspended sentence of two years on January 28, 2016 by imprisonment with prison labor for special larceny in the Changwon District Court’s branch branch on January 28, 2016, and the said judgment became final and conclusive on February 5, 2016, and is currently under suspended sentence.

[2] On May 18, 2016, the Defendant: (a) up to 23:00 on May 18, 2016, at around 23:00, 200 won in cash in a swine reservoir owned by the victim E, which was prepared in advance by the Defendant, for the first time in front of the D Construction Office located in Hayang-si, Chungcheongnam-si; and (b) destroyed the entrance by using the Ba and Draber; and (c) went into the entrance; and (d) went into the entrance; and

From June 17, 2016 to June 23:35, 2016, including the theft, the total amount of KRW 7,744,600 and the market value-free goods were not stolen or attempted at least 35 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, I, K, K, M, M, O, Q, P, Q, M, T, U, V,W, X, Z, AB, AB, AD, AD, AE, AE, AF, AH, AH, AJ, AK, and AL;

1. Each photograph;

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

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, sentence, and summary information of the case;

1. Article 331(1) of the Criminal Act (a point of each special larceny), Article 330 of the Criminal Act (a point of each night thief), Articles 342 and 331(1) of the Criminal Act (a point of each special larceny) concerning criminal facts, and Articles 342 and 330 of the Criminal Act (a point of each special larceny) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended punishment in accordance with the sentencing guidelines - Class 1 crime (Scope of the recommended punishment) - Class 4 (Special mitigated (Special mitigated (Special Mitigation)) crime in the mitigated area (Special mitigated (Special Mitigation) from August to one year), and intrusion into places other than indoor residential spaces (type 4) - Crimes in the event of carrying a deadly weapon, or crimes in subparagraph 2 [the scope of the recommended punishment].

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