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(영문) 의정부지방법원 고양지원 2014.11.14 2014고단1433

절도

Text

A defendant shall be punished by imprisonment for not more than ten 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. On July 6, 2013, the Defendant: (a) around 01:50 on July 6, 2013, 2013, the thief was the “E of the operation of the victim DD in the case of Pakistan; and (b) on July 6, 2013, the thief committed a theft by driving a clouded vehicle with the clos acid equivalent to KRW 23,600,000 at the market price owned by the victim

2. On December 5, 2013, around 02:20 on December 5, 2013, 2013, the Defendant: (a) discovered G unitd delivery-type vehicles managed by the victim at the places indicated in paragraph (1); (b) opened the main set of the said vehicles, thereby cutting off a DNA amounting to KRW 4,00,000 at the market price.

3. On May 2014, the Defendant: (a) discovered a dives-type motor vehicle with the Fusp acid strings owned by the victim at the places indicated in paragraph (1) in the middle of May 2014; (b) separated the string 700,000 won of the market value on the back string line of the motor vehicle; and (c) stolen it.

4. On June 15, 2014, around 03:30 on June 15, 2014, the Defendant discovered a HC motor vehicle managed by the victim at the places indicated in paragraph (1) at the location of paragraph (1), and separated one rush capital equivalent to KRW 750,000 from the market price on the roof of the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Seizure records;

1. A stolen vehicle photograph, stolen vehicle photograph, site photograph, etc.;

1. Lives theft photographs of dyscopic dystrophicals;

1. Application of statutes, such as CCTV images, on June 15, 2014;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting the crime, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed by larceny as of July 6, 2013, the largest penalty for concurrent crimes)

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation]: The mitigation area (8 to 1.6 months) of mitigation area (special mitigation area) of category 4 of theft for general property: The non-execution of punishment (decision of sentence) repeatedly.