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(영문) 대구지방법원 2016.10.27 2016고단2622
절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On May 15, 2016, the Defendant, from around 03:00 to around 04:00 on May 15, 2016, 2016, carried a line with approximately 1m of electric wires of the pressing machine, which is the victim’s ownership, in front of the “D” operated by the victim C in Daegu-gu Jung-gu, Daegu-gu, from around 03:00 to around 04:00 on May 15, 2016.

Accordingly, the Defendant stolen the property owned by the victim.

2. On May 19, 2016, the Defendant, on May 19, 2016, carried out a line of approximately 375 cm in the air of air conditioners, where the market price owned by the victim F in Daegu-gu is unknown in front of the “G” restaurant operated by the victim F in Daegu-gu, Daegu-gu, with approximately 75 cm.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act;

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

1. Sentencing Criteria - Class 1 (Scope of Recommendation) - Class 2 (General thief) for general property, and the mitigated area (4 to 10 months) for the theft (general thief) for general property - Class 2 (Scope of Recommendation Punishment / [Scope of Recommendation Punishment] for the mitigated area (4 to 10 months) for the mitigated area (4 to 10 months) for the larceny for general property / The mitigated area (4 to 4 special mitigation] for the mitigated area (4 to 10 months): April to March;

2. Determination of sentence - Unfavorable circumstances: (a) the Defendant had the record of being punished several times for the same type of crime; and (b) the Defendant repeated the same kind of crime on June 2, 2016 after undergoing police investigation on each of the instant crimes on June 2, 2016 (a separate punishment for the crime committed on June 2, 2016), etc.; (c) the amount of damage incurred by the instant crime is not significant; and (d) the Defendant’s livelihood.

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