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(영문) 서울남부지방법원 2013.07.17 2013고단732

절도

Text

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

The seized stock farms, 5 fingers, 4 fingers, baltons, 2 flags, flags.

Reasons

Punishment of the crime

1. At around 04:00 on May 6, 2012, the Defendant discovered the Fpoter cargo vehicles of the victim E (the age of 43) parked at the front parking lot located in the Gyeonggi-si, Gyeonggi-do, Inc., and opened and entered a forced return steering door, and then loaded the said vehicle’s back seat into the G EF rocketing or other vehicles with the market price equivalent to KRW 900,000,000, which was located on the rear seat of the said vehicle.

2. On November 13, 2012, at around 03:00, the Defendant discovered the cargo vehicle of the victim J (year 46) parked at the parking lot of the Geumcheon-gu Seoul Metropolitan Government H H, and opened a forced return steering door, and cut off two strings of money amounting to KRW 2,100,000 in the market price in the said vehicle after entering the said vehicle into the said vehicle’s string door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Application of each statute to E and J;

1. Article 329 of the Criminal Act applicable to the crime;

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

1. While the Defendant was sentenced to a suspended sentence of eight months for the same offense on March 17, 2010, the Defendant again committed the instant crime despite having been sentenced to a suspended sentence of two years for the same offense on March 17, 2010.

In light of the fact that the defendant was holding several tools necessary for the crime and driven the vehicle at the time of the crime, the method of crime is planned, professional, and there is no agreement with the victims.

The same sentence as the disposition shall be determined in comprehensive consideration of these points.