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Reasons
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(영문) 대전지방법원 2016.11.29 2016고단1751
절도
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 10, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court on July 10, 201, and was on July 15, 2015 and had the same kind of power nine times in total.

1. On May 10, 2016, the Defendant: (a) around 10:30 on May 10, 2016, the Defendant: (b) carried the key of the object box the victim E (man, 40 years of age) left in the bathing room; (c) opened the said object; and (d) stolen KRW 10,000 in cash on the wall in that place.

2. At around 12:00 on the same day, the Defendant: (a) opened the above object box by putting the bath keys possessed by the Defendant in the “G Bana,” which is located in F in Sejong City F, into the crepit of things used by the victim H (the age of 52) and cut off the said objects and then cut off the string, the string, the 3.57 million won per half, and the 170,000 won in cash.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of H and E;

1. Application of the statutes on the case-related photographs, such as site photographs;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Of concurrent crimes, the sentencing of Articles 37(1)2, 38(1)2, and 50 of the Criminal Act is highly likely to be subject to criticism in light of methods and behavior of the crime of this case among concurrent crimes; the defendant committed the crime of this case during the period of repeated crime of the same kind; the defendant's behavior is against the defendant; the defendant's mid-to long-term depression is likely to affect the crime of this case; and the defendant's mid-to long-term depression is likely to have influenced the crime of this case; the precious metals, etc. among damaged articles, have been returned to the victim and agreed with the victims; and other favorable conditions of punishment as ordered by the order shall be determined by taking into account

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