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(영문) 대구지방법원 2018.08.28 2018고단3076
상습절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 16, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for larceny, etc. at the Daegu District Court, which became final and conclusive on June 24, 2017, and is currently under the said suspended sentence.

2. The Defendant, on March 18, 2018, possessed property worth KRW 6,950,000 in total eight times, as shown in the list of crimes in the attached Table, from the time on which he/she attempted to catch the door of the driver's seat of the said vehicle to carry the property owned by the victim, while he/she tried to hold the property owned by the victim, by cutting off the driver's seat of the said vehicle, but he/she was unable to bring the driver's seat down.

Accordingly, the defendant did not commit a theft of the victims' property or did not commit an attempted crime more than eight times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

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

1. Each protocol of seizure and the list of seizure;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history, copies of rulings and current status of personal confinement;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting the crime, and the choice of imprisonment;

1. Crimes of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the reason of sentencing [the scope of recommending punishment] Class 2 (General Larceny) in the basic area (six months to one year), [the scope of recommending punishment] / [the scope of recommending punishment] Class 2 in the basic area (six months to one year) of Article 37 of the Criminal Act for general property / [the scope of recommending punishment] No person who has no person subject to special sentencing] 3 in the basic area (six months to one year and six months) of Article 37 of the Criminal Act for general property / [the scope of recommending punishment] / The basic area (six months to one year and six months) of Article 38(1)2 and Article 50 of the Criminal Act for the larceny of general property / [the scope of recommending punishment] No person subject to special sentencing / [no person subject to special sentencing] : The crime subject to suspended sentence of imprisonment for a period of six months to two years].

The favorable circumstances: Part of the damaged goods were returned.

Parts of innocence

1. The summary of the facts charged

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