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(영문) 대전지방법원 2020.12.11 2020고단3887
절도
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On October 25, 2019, the Defendant was sentenced to a suspended sentence of one year and six months by larceny, etc. at the Suwon District Court on November 2, 2019, and the judgment became final and conclusive on November 2, 2019. On February 20, 2020, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for larceny, etc. at the Cheongju District Court on February 28, 2020, and the judgment became final and conclusive on February 28, 2020.

【Criminal Facts】

On April 11, 2020, the Defendant opened a driver’s seat and entered the vehicle inside the vehicle with a view to failing to correct the D-dolurd vehicle owned by the victim C, which was parked at the front of the Daejeon Seo-gu Daejeon, Daejeon, Daejeon, by advertising the car, and taken up 8 copies of the right to KRW 100,000 in cash inside the wall contained in the container lurb, and taken out approximately 100,000 won in cash, which was located far away from the central cup.

As a result, the Defendant stolen the cash amount of KRW 500,000 owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on internal investigation and investigation reports (in cases of site situations, etc.), specific suspects;

1. On-site photographs, caps of CCTV images at the scene of the crime, CCTV images at the scene of the crime;

1. Previous convictions in judgment: Application of the results of inquiry, investigation reports (related previous records and confirmations), each of the judgment (limited to the District Court 2019 altitude3879, 4561 (Merger) and Cheongju District Court 2019No18555);

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

1. The reason for sentencing alternative to imprisonment with prison labor is that the Defendant recognized the instant crime and reflects his mistake, and that the Defendant only agreed by the method that the Defendant pays one million won to the victim C, and that the victim did not want the punishment, and that the amount of damage is relatively minor, etc. are favorable to the Defendant.

On the other hand, the crime of this case was committed by the defendant entering a parked vehicle and stolen the cash of the victim in that vehicle, and the crime was considerably poor, and the defendant was stolen from the Suwon District Court on October 25, 2019.

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