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(영문) 수원지방법원 성남지원 2019.07.09 2019고단985

절도

Text

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

Reasons

Punishment of the crime

The Defendant, among vehicles parked on the neighboring road of the Defendant’s residence, had a mind to commit the so-called “vehicle hair” in which the human body is creshed by using the fact that a door is easily open.

On January 10, 2019, the Defendant: (a) opened the driver’s seat door of the victim C, which was parked in front of the Sungnam-si, Sungnam-si B, with no correction of the said vehicle; and (b) stolen the victim’s property at least four times in total from January 10, 2019 to March 27, 2019, by taking advantage of the following methods: (c) one gate, sports safety while carrying KRW 500,00 in cash; and (d) one gate, sports safety while carrying KRW 70,000 in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement;

1. Reports on internal investigation and investigation reports;

1. Data from CCTV images;

1. Records of seizure and the list of seizure;

1. Each photograph;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. From among concurrent crimes, 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 types] thief for general property [Type 2] There is no general larceny [the scope of recommending punishment] / [the scope of recommending punishment] basic area / the term of imprisonment 6 months to 1 year and 16 months [the decision of sentencing], the term of damage was not significant - partial damage was recovered to the victims, and disadvantageous circumstances such as the defendant's life and living, the fact that the defendant was fined for the same kind of crime, the damage was not recovered, and the crime was committed during the suspension period.