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(영문) 대전지방법원 2015.12.17 2015고단3706

절도

Text

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

Reasons

Punishment of the crime

1. On August 14, 2014, the Defendant: (a) around 12:00 on August 14, 2014, when the Defendant was working for a one-time job at the contact service provider for the operation of the Victim C; (b) at the contact room of the above company located in Daejeon Dong-gu D original room 304, Daejeon; (c) the victim E and the victim F shall take 400,000 won in cash owned by the victim E from the wall of the victim E; and (d) the victim F shall take 420,000 won in cash owned by the victim from the wall of the victim F; and (e) the victim F shall take 49,000 won in cash owned by the victim at the contact of the victim F and take 49,000 won in half of the market price owned by the victim in the United States; and (e) the victim C at the contact of the victim’s market price in the Seo-gu.

2. On May 29, 2015, from around 13:30 to 16:45 on the same day, the Defendant: (a) opened a door of a H vehicle parked in the vehicle at the victim G while working in the parking lot adjacent to the Daejeon Dong-dong, Dong-dong, Daejeon-dong, Daejeon-dong, Seoul-dong, and received the key from the victim G, and (b) KRW 230,000 in cash on the wall of the victim G located in the vehicle; and (c) stolen 80,000 in cash from the wall owned by the victim I.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and G (including each statement of E and F);

1. A written statement of I;

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. From among concurrent crimes, the fact that the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has not been restored to a victim’s injury once (2010). Taking into account all the conditions of sentencing, such as the victim’s intent to punish the victim, degree of damage, attitude in the process of the public trial, motive and circumstance leading to the crime, and the defendant’s age, happiness environment, etc.