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(영문) 대구지방법원 2015.10.06 2015고단3911
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 6, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daegu District Court on September 6, 2012, and completed the execution of the said sentence at the port prison on May 2, 2013.

On December 4, 2014, from around 22:30 to 23:09, the Defendant: (a) was in Daegu Jung-gu, Daegu-gu; (b) was in front of the first floor of the BI Medical Center; (c) divided the dialogue between the victim BJ and the victim BK; and (d) discovered that the victim BJ and the victim BK were in front of the first floor of the BII Medical Center; and (c) caused the victims to put the above wall in the GIK by taking advantage of the gap where the victims’ surveillance was neglected.

Therefore, the defendant stolen the victim BK's 205,00 won in cash and the victim BJ's 200,000 won in cash, 14K blick 1, and 3 200,000 won in cash and 20,000 won in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning BL;

1. WJ and BK's written statements;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, Article 1 of the reason for sentencing [the scope of recommending punishment] Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, Article 50, Article 2 of the aggravation area (10 to 2 years) [the scope of recommending punishment] Article 2 of the same repeated crime not falling under the aggravation area (10 to 2 years] of general property [the scope of recommending punishment] Article 2 of the Larceny area (10 to 2 years], Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act, among concurrent crimes, the defendant could have the same power, and despite the fact that he/she had the same power as in the judgment, he/she suffers damage to two victims again due to the crime in this case even though he/she had the same effect during the period of repeated crime.

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