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(영문) 대구지방법원 2018.11.16 2018고단4541

절도등

Text

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

Reasons

Punishment of the crime

1. A thief: (a) around September 24, 2018, the Defendant opened a locked door of D freight cars parked at the 19:40 Simcheon-si Seoul Special Metropolitan City (Seoul Special Metropolitan City), and committed a theft by having 1 A of “di” tobacco amounting to KRW 4,100, the market price of the victim E (57 Do) located in the Habrobro brobbbbbe, located in the Gyeongcheon-si Special Metropolitan City (57). From around that time to October 2, 2018, the Defendant stolen the property amounting to KRW 237,100, total market price of the victims, including the list of crimes (1) at least six times in total.

2. On September 25, 2018, the Defendant attempted to steal the property owned by the victims three times in total from around 04:53 on September 25, 2018, the Defendant opened the H cargo vehicle door, the ownership of the victim G (43 years old), and opened the door of the cargo vehicle, and attempted to steals cash, etc., but did not bring about the intent as the cargo vehicle door, and did not bring about an attempted crime. However, even though the Defendant attempted to steal the property owned by the victims three times in total from around 2018 to October 2, 2018, the Defendant failed to bring the cargo door out and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to I, J, K, L, and M;

1. Written statements of N, E, and G;

1. Application of the provisions of Acts and subordinate statutes to the investigation report (on-site CCTV image data and suspect moving route), CCTV photograph closure, investigation report (in the course of confirmation of such crime and by cutting down CCTV image data, a CD containing the relevant images), photograph (in the field, by cutting off the CCTV), investigation report (in the event of failure to prepare a statement of damage to the victim'sO counter), investigation report (in the event of failure to prepare a statement of damage to the victim's non-indicted), CCTV image image on the victim's E residential area), CCTV closure, and to photograph the CCTV.

1. Relevant provisions of the Criminal Act concerning facts constituting a crime, and Articles 329, 342, and 329 of the Criminal Act concerning the selection of punishment, and the choice of imprisonment for a crime;

1. The reasoning for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was sentenced to a suspended sentence of imprisonment for larceny for eight months at the Daegu District Court on September 28, 2017, and the judgment on October 11, 2017.