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(영문) 대전지방법원 2017.09.28 2017고단2712
절도
Text

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

Reasons

Punishment of the crime

On July 29, 2015, the Defendant was sentenced to one year and eight months of imprisonment due to fraud, etc. at the Daejeon District Court, and on August 18, 2016, the Daejeon District Court completed the execution of the sentence.

In addition, on April 7, 2017, the defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Daejeon District Court's Branch of the Daejeon District Court on July 13, 2017, and the judgment became final and conclusive.

The Defendant, at around 03:10 on November 6, 2016, 200 won in cash, on the part of the victim E ( South, 44 years old) who was under the influence of alcohol, deducted the key of the object box from the hand of the victim E (the remaining, 44 years old) in the south-gu, Southern-gu, Southern-gu, Namcheon-gu., and then deducted one million won in cash on the part of the victim who was under the right of the victim.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Reporting on occurrence of a disaster;

1. Report of investigation (on-site investigation and confirmation of the place where the suspect commits the crime);

1. Telephone with a victim;

1. On-site photographs and the closure of CCTV screen at the time of committing a crime;

1. Previous convictions: The current status of acceptance by individuals, investigation reports (prior convictions and attachment of repeated crimes), inquiry results, inquiry of summary information of the case, application of the sentence of Daejeon District Court Decision 306, 462 Decided 306, 462 and the sentence of the Daejeon District Court Decision 2017No 11566;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 35 (1) 3 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) recognizes the instant crime and reflects the Defendant’s act; and (b) consider equity in the case of being tried along with larceny, etc. finalized in the judgment, etc. in favor of the Defendant; (c) the Defendant committed the instant crime without being aware of the repeated crime due to the crime that became final and conclusive in the judgment; (d) the Defendant did not agree with the victim; (d) the victim was punished; (e) the victim was seeking the Defendant’s punishment; and (e) the victim’s efforts to recover from the

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