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(영문) 대전지방법원 2020.04.16 2019고단4886
절도
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Criminal facts

On December 17, 2015, the Defendant was sentenced to two years to imprisonment for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. in the Support of the Daejeon District Court on July 6, 2017. On May 31, 2019, the Defendant completed the enforcement of the sentence in the Western District Court on July 6, 2017, and was sentenced to two years of imprisonment for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. at the Daejeon District Court on May 31, 2019.

On March 14, 2019, around 23:06, the Defendant: (a) b3:06, 23:00, the Defendant dumpeded the 123,000 U.S. dollars and 260 U.S. dollars in cash within 239, the Defendant, as he was under the influence of alcohol in the Dong-gu, Docheon-gu, Docheon-gu, 239.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. CCTV video CDs and CCTV screen images;

1. Previous records of judgment: Application of Acts and subordinate statutes to the results of inquiry, such as criminal records, confirmation of repeated crimes, confirmation of concurrent relations, criminal records, etc.;

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 among repeated crimes;

1. The grounds for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes are recognized by the Defendant, and the amount of damage incurred by the instant crime itself is relatively large, and the fact that equity should be taken into account with the case where the Defendant was punished at the same time as the previous conviction in the judgment of final and conclusive judgment is favorable to the Defendant.

However, since the crime of this case was committed by the defendant, there is no recovery of damage to the victim until now, the victim wants to strong punishment against the defendant, and the defendant has a criminal record of 25 times, including the same criminal record (the eight times of the sentence is the criminal record). In particular, there are more unfavorable circumstances against the defendant, such as the defendant committed the crime of this case during the period of repeated crime, and other factors, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, after the crime.

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