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(영문) 전주지방법원 2015.11.27 2015고단414

절도등

Text

A defendant shall be punished by imprisonment for six months.

Seized divers (No. 1) shall be confiscated.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

"2015 Highest 414"

1. On February 13, 2015, from around 18:00 to around 10:00 on February 14, 2015, the Defendant: (a) destroyed the Victim F at the underground parking lot of a new apartment in the new apartment in the Shin-dong Kim Jong-si, the victim’s market price, approximately KRW 1.50,00 won, which was the victim’s possession, by means of decomposition, by preparing for the handbane, hedge, and headlights in advance.

"2015 Highest 1155"

2. At around 03:00 on April 8, 2015, the Defendant: (a) opened a door of a passenger towing vehicle owned by the Victim K, which was parked in the parking lot and removed goods equivalent to KRW 2,00,000 in the market price, such as black boxes, light light control tower systems, engine refing agents, airbags, strawers, etc., which were attached thereto; and (b) H brought them to the Defendant and brought them together with the Defendant.

3. On April 17, 2015, at around 02:02, the Defendant: (a) destroyed two keys of the NAN in Kim Jong-si, which are installed in the third secretary Kim Jong-si; (b) destroyed the two keys of the NA to DER; and (c) stolen KRW 50,000 in cash owned by the victimO.

Summary of Evidence

[2015 Highest 414]

1. Defendant's legal statement;

1. Statement made by the police with F (2015 high-ranking 1155);

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Application of the respective Acts and subordinate statutes of K andO;

1. Relevant Article 329 of the Criminal Act, the choice of a punishment for a crime, Article 329 of the Criminal Act, Article 331 (2) and (1) of the Criminal Act, and Article 331 (1) of the Criminal Act, the choice of an imprisonment for larceny;

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

3. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the following sentencing grounds):

4. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than seven years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (determination of types) theft against general property;