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(영문) 의정부지방법원 2017.10.13 2017고단3335

절도등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On May 23, 2017, around 23:55, the Defendant: (a) opened a part of the tent attached to the “F” simplified clothes operated by the victim E on the D1st floor located in Ma in Ma-si, Ma-si, and stolen the clothes of women owned by the victim E in his/her hand.

B. On June 7, 2017, around 23:30 on June 7, 2017, the Defendant: (a) opened a tent side by the same method; and (b) cut down female clothes in the market price owned by the victim E.

2. Larceny;

A. On May 23, 2017, the Defendant: (a) entered a place where goods are stored in a tent after the completion of funeral services for the D’s previous funeral shop; and (b) cut off 64 brand clothes in brand women under the market price owned by the victim G, which had been kept in the said place, around May 23, 2017.

B. On May 25, 2017, the Defendant stolen a total of 47 female clothes, and a total of 47 female clothes, in which the market value of the victim H, which was kept in a tent by the same method, was the same.

(c)

On May 25, 2017, around 06:16, the Defendant cut off 13 unclaimed women’s clothes and four unclaimed women’s clothes at the market price owned by the victim K, which were kept in the place, after the completion of funeral in front of J’s event, at the place where goods are kept in custody of a tent, after the completion of funeral in front of J’s event.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, K, L, G, and H;

1. Police seizure records and list of seizure;

1. Each investigation report (on-site visual image analysis, hearing of victim's telephone statement), and internal investigation report (on-site hub).

1. Each report on the occurrence of a crime, Jon-site photographs;

6.7. Application of the Act and subordinate statutes concerning visual images and damaged photographic images before and after the commission of the crime;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief for intrusion on a structure at night) concerning the facts constituting an offense, and Article 329 of the Criminal Act (a thief for intrusion on a structure at night and a choice of imprisonment with prison labor);

1. Article 37 of the Aggravation of Concurrent Crimes Act.