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(영문) 인천지방법원 2014.04.09 2014고단1679

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On August 31, 2012, the defendant was sentenced to imprisonment with prison labor for larceny at the Incheon District Court on August 31, 2012 and two years of suspended execution.

9.8. The judgment becomes final and conclusive and is still in the present suspension period.

On December 17, 2013, at around 03:35, the Defendant discovered that the freight cars owned by the victim C are parked on the 5-5-gil-ro, Nam-gu, Incheon, Nam-gu, Incheon, about 4:00,000 nearby the 5-5-lane, the Defendant opened a loading box of the vehicle and carried the 200-meter amount of electric wires equivalent to one million won at the market price loaded therein.

B. On February 20, 2014, around 01:50, the Defendant discovered that the F Poter Cargo Vehicles owned by the Victim E are parked on the road near the 228-ro, Nam-gu, Incheon, Nam-gu, Incheon. On the other hand, the Defendant opened a cover of the vehicle, and opened the 18,000 won of the market price, and at least 3 equipment (10m) of the code cable (60,000m) at the market price of 60,000 x 3C Cable (30m), 45,000 won of the market price of 41.21C Electric Cable (15m), 50,000 won at the market price of 50,00,000 GV16S Cable (15m), 80,000 won of the market price x 33C Electric Cable x 50,500,000 won of the market price, and 30,5000 won of the market price.

Accordingly, the defendant stolen property owned by the victims on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Seizure records;

1. Application of statutes concerning criminal records;

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

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the decision of a sentence] thief [the reason for sentencing] thief for general property thief] thief [the scope of recommending punishment] / [the scope of recommending punishment] 1 to 6 months / [the decision of a sentence] / although there are multiple criminal records and probation period for the same crime, the punishment as indicated in the order shall be determined repeatedly considering the fact that the crime in this case was committed.