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(영문) 대구지방법원 2016.09.22 2016고단3577
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to two years of suspended sentence for larceny, etc. at the Daegu District Court on December 12, 2014, which became final and conclusive on December 20, 2014. On May 28, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. on the Support for Daegu District Court Racing, which became final and conclusive on August 21, 2015, and the suspended sentence becomes final and conclusive and conclusive on August 21, 2015, and was released from a prison on May 13, 2016 and terminated on June 16, 2016.

[Criminal facts]

1. On June 27, 2016, the Defendant: (a) went into the E church office managed by the victim D in Daegu-gu Dong-gu, Daegu-gu, on June 27, 2016; (b) opened a corrected window and intrudes into the office; and (c) stolen 2.90,000 won in cash, which is the victim’s possession in the on-site attached to the said office.

2. On July 22, 2016, the Defendant: (a) at H cafeteria operated by the victim G in Daegu-gu, Daegu-gu, Seoul-gu, the Defendant stolen the entrance with a cash of KRW 30,000,00,000, which was owned by the victim, by destroying the locking device at several times and intrusion into the locking system; and (b) by intrusion into the locking system.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. An investigation report (on-site inspections);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal confinement status, and Acts and subordinate statutes concerning investigation reports (Attachment to a copy of judgment);

1. Article 330 of the Criminal Act applicable to the crime (the point of larceny at night) and Article 331 (1) of the Criminal Act concerning the crime (the point of larceny at night);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. A crime of Category 1 of the sentencing guidelines [the scope of the recommended punishment] 4 types of larceny for general property (one year and six months to four years) [special mitigation (special mitigation)] / Where a person intrudes into a place other than an indoor residential space (the type 4) / A crime of the same repeated crime not falling under the category 4 types of intrusion (the type 4), special circumstances (the repeated crime).

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