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(영문) 대구지방법원 2018.05.17 2018고단1467
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On October 17, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Daegu District Court, and completed the execution of the above punishment on February 8, 2018.

[Criminal facts]

1. On April 2, 2018, the Defendant: (a) obtained on April 2, 2018, one of the victim’s resident registration certificates and one of his/her driver’s licenses that he/she lost, adjacent to the same Daegu Dong-gu, Daegu-gu, Daegu-gu, 550; and (b) obtained a victim’s resident registration certificate and one of his/her driver’s licenses on the market price.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On April 2, 2018, the Defendant: (a) opened the rear seat of the Doyang Life Building in front of the building in Daegu Jung-gu, Daegu-gu, 2090; (b) opened the rear seat of the Doyang Cargo Vehicle parked without opening the door; and (c) opened one set of the Doll in front of the market value of the victim E owned in that location at that location.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal confinement status, and application of the judgment text;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the point of embezzlement of deserted articles in possession), and the choice of imprisonment with prison labor for the crime;

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes has the record of having been punished for larceny several times, and the defendant committed the crime of this case only about two months since he was released without being aware of the period of the same repeated crime. In light of the fact that the defendant committed the crime of this case, a sentence of imprisonment is inevitable.

Provided, That the damage has been restored due to the fact that the defendant's mistake and reflects, and all damaged articles have been delivered to the victim.

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