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(영문) 대구지방법원 2016.09.30 2016고단3532
절도
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence Nos. 4 and 5 shall be confiscated.

A victim of seized evidence No. 1.

Reasons

Punishment of the crime

[Criminal record] On March 30, 2010, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on November 28, 2012.

[2] On November 2013, the Defendant: (a) at the front parking lot located in the Gyeongdong-gun, Gyeongdong-gun, D around the end of November, 2013, the Defendant: (b) took off the Raber prepared in advance in front of the numberless cargo loaded therein; (c) took the raber’s crepans under the front window; and (d) took the raber’s crepans inside the rash window; and (d) took hand over the rash, with a 1 set of approximately KRW 300,000,000 at the market price, which is the victim of the name in the rashed window; and (c) taken off the rash with the 4,718,000 won in total, as indicated in the list of crimes, from the time on May 21, 2016, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of G, H, I, J, K, L, M and N;

1. A protocol of seizure and a list of seizure;

1. Each report on occurrence (thief), report on results of field identification (written report), each on-site photo, each on-site photo, each vehicle photograph, each place of crime, photograph of the place of the crime, each cargo vehicle photograph, investigation report (on-site investigation), each cargo vehicle photograph, report on investigation (victim O telephone), and report on investigation (victim P telephone phone of victim 5 in the list of crimes);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history data, investigation report (Attachment to the same criminal records and sentences of judgment, etc. of the suspect), text of judgment, etc., investigation report (verification during the period of repeated crime of the suspect), and application of a part of the Acts and

1. Relevant Articles 329 and 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for an aggravated repeated crime (as to larceny of each of subparagraphs 1 through 7 of the table of crime in the judgment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act [the scope of each recommendation] general property

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