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(영문) 청주지방법원 2015.04.16 2015고단223

절도등

Text

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

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

Reasons

Punishment of the crime

1. A thief: (a) around 07:00 on December 17, 2014, the Defendant: (b) ordered the victim E to do so at a soup restaurant located in Young-gu, Young-gu, Gyeonggi-si; (c) ordered the victim E to take the water; and (d) took advantage of the gap in which the victim’s food was shot and put the victim in a kitchen, and then stolen a cell phone with a cellular phone equivalent to KRW 600,000,000 at the victim’s market price located in the camera.

2. Around 17:50 on January 7, 2015, the Defendant: (a) opened a door opened in the Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) opened as soon as possible the opening of the door; (c) opened as soon as possible the door door of the room located in the bank; and (d) intrudes into the lock door and damaged the lock device; and (d) cut off with approximately KRW 200,000,000 in cash owned by the victim on his/her book and one-round-round 20,000 in the city market.

3. On January 22, 2015, at night, the Defendant: (a) went into the places indicated in the foregoing paragraph (2) and intrudes into a door and an inner room by making it difficult to read in the same way; (b) there was a theft with approximately KRW 400,000 in cash owned by the victim, on the face of a telephone exchangeer and a book.

Summary of Evidence

【One point in the market】

1. Defendant's legal statement;

1. The first and second prosecutor's protocol of examination of the accused;

1. Investigation record of seizure;

1. A photograph of seized articles (each point of subparagraphs 2 and 3 on the board);

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Written statements of the G production and a report on damage;

1. Explanation, each investigation report (to hear and report the victim's G statements), and the application of statutes governing field photographs;

1. Article 329 of the Criminal Act, Article 331 (1) of the Criminal Act (the occupation of larceny) and Article 330 of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for selective larceny of punishment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;