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(영문) 대구지방법원 안동지원 2016.08.09 2016고단439

절도

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence as referred to in subparagraphs 1 through 4 shall be confiscated.

Reasons

Punishment of the crime

1. On June 5, 2016, the Defendant, on June 5, 2016, opened a door of “D convenience store” owned by the victim E that was parked in a state that was not corrected on the door of “D convenience store” located in Ansan-si, Dong-si, Dong-si, and stolen the victim’s wall with at will KRW 410,00 in cash and KRW 410,00 in cash and KRW 5,00 in U.S. dollars.

2. The crime on June 9, 2016;

A. On June 9, 2016, the Defendant committed the crime against the victim G, which was parked in an unreshed state of “I” in the front of the “I” located in Andong-si H, Andong-si, Around 00, and was stolen with cash of KRW 110,000,000 in the storage of the goods.

B. On June 9, 2016, the Defendant: (a) opened a NAP car 180,000 won in cash; (b) three credit cards; (c) one resident registration certificate; and (d) one car driver’s license, which contain one copy of a car driving license, parked in an unreshed state of “M convenience store” L, Andong-si (M convenience store); and (c) stolen the Defendant at will.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by E, G, and K;

1. Photographs;

1. Each report on investigation;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act are as follows: (a) the Defendant, who made a confession of all the crimes of this case, reflects the mistake; and (b) the victim E and K have recovered from damage and have reached an agreement.

However, the defendant had the same record of punishment, and the defendant was sentenced to one year and two months of imprisonment due to the thief crimes like this case, and again committed the crime of this case which repeatedly steals the property owned by the victims by entering the victim's vehicle during the period of parole during the execution of the sentence.