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(영문) 대구지방법원 김천지원 2016.05.12 2016고단298
절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized divers (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On February 11, 2015, the Defendant was sentenced to 2 months of imprisonment with prison labor or 10 months of imprisonment with prison labor in night buildings, larceny, etc. in the Daegu District Court Kimcheon-cheon Branch, and completed the execution of the sentence on December 23, 2015.

On February 9, 2016, the Defendant: (a) around 05:18, at the DPC room located on the Gumi-si C and 2nd floor; (b) reported that the victim E was seated in the calculating unit; and (c) stolen the victim’s property, such as the victim’s property, and attempted to steal or steal the victim’s property, at least nine times from that time until March 6, 2016, including the victim’s cash amounting to KRW 25,000,000, located in the calculating unit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, I, J, K, and L;

1. Police seizure records and list of seizure;

1. Photographss, such as seized objects, CCTV photographs, field photographs, etc.;

1. Previous convictions: Inquiries about criminal history data, and application of Acts and subordinate statutes to each investigation report (verification of the period of repeated crime and confirmation of the same past record);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against victims E with the largest punishment for larceny);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. One month to eighteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the sentencing criteria;

(a) Each type of larceny [Determination of Type] 2 (General Larceny) (person in charge of special sentencing): Aggravationd factors: Imprisonment with prison labor for the same repeated crime not falling under peculiar (Scope of Recommendation) from October to 2 (Aggravationd Area)

(b) The sentencing guidelines are not applicable to each attempted larceny.

At least 10 months of imprisonment with prison labor for the scope of the final recommended punishment (as a result of the increase of multiple offenses, the upper limit of the punishment is not applicable in three years and eight months or sentencing guidelines, consideration shall be given

3. Sentence;

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