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(영문) 대전지방법원 천안지원 2013.10.18 2013고단1167
절도
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On July 13, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on July 13, 2012 at the Daejeon District Court’s Branch Branch, and the execution of the sentence was terminated on January 28, 2013.

【Criminal Facts】

At around 06:30 on August 20, 2013, the Defendant discovered cash in the Dwitter Cargo Vehicles parked in the street near Seo-gu, Seocheon-gu C, Seocheon-gu, with intent to steal the said cash, and destroyed the window of the driver’s seat using a stone (10cm in diameter) on the road, and cut off the 63,000 won in cash owned by the victim E, who was outside the knick.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Photographs;

1. A statement on criminal records, etc.;

1. Application of investigation reports (reports attached to judgments, etc.) and the Acts and subordinate statutes attached thereto;

1. Article 329 of the Criminal Act applicable to the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Determination of Punishment] The punishment is determined as above in consideration of the following factors: (a) the aggravation area of ordinary larceny [Special Convict] - Determination of the recommendation area] 10 months to 2 months [Scope of the recommendation area] 10 months to 8 months [Determination of the sentence] : the defendant has the record of being punished for the same crime; (b) the defendant again commits the same crime in this case during the repeated crime period; (c) the frequency of the crime in this case is one time; (d) the degree of damage is not severe; and (e) the defendant has recovered a considerable portion of damage; and (e) the defendant is against each other.

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