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(영문) 대구지방법원 2018.12.13 2017고단6099 (1)
특수절도
Text

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

Reasons

Punishment of the crime

[criminal records] On October 30, 2015, the Defendant was sentenced to imprisonment with prison labor for the acquisition of stolen goods at the Daegu District Court, and completed the execution of the sentence at the Daegu Prison on August 13, 2016.

[2] The Defendant found one of the 105,000 won in cash owned by the victim D, and one of the 500,000 won in the market price in which the resident registration certificate was included, and then discovered one of the 18:26th August 26, 2017, the Defendant’s 18:26 metreing at 18.3rd-gu, Daegu-gu, Daegu-gu Calveing Chapter 2.

E, indicating the above walling, and asking “Is the above wall containing the above walling in E’s bags,” and, upon E’s consent, I cut the victim’s property by inserting the above walling in E’s bags.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. A investigative report (to peruse and attach on-site CCTV images), and screen screens for caps;

1. Boring CCTV CDs;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (the confirmation of the date of release of a suspect A);

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

1. The reason for sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act is that the Defendant committed the instant crime without being aware of, even though he was during the period of repeated crime due to the acquisition of stolen goods.

In addition, the defendant, who was tried to be exempted from punishment, has fleded on the date of the sentence and caused intentional uncertainty.

Considering these circumstances, the sentence is imposed on the defendant because it is inevitable to punish the defendant strictly.

On the other hand, the defendant himself recognized the theft crime, and the crime of this case results in the victim's collapse of the wall that was put on the wall, and in light of the attitude of the crime, the crime of this case is not a very serious part of the crime in light of the nature of the crime, and it is more favorable circumstances, such as the defendant's age, occupation, sex and environment, and motive, background, means, and means of the crime.

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