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(영문) 의정부지방법원 고양지원 2017.02.22 2016고단2592

특수절도등

Text

In the case of crimes No. 1 through No. 4 of the list of crimes in the judgment of the defendant, two months of imprisonment, and the list of crimes in the judgment of the defendant is 5.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for special larceny, etc. and 2 years of suspended execution in the support of the District Court in order for the Defendant on November 27, 2015. The said judgment became final and conclusive on December 5, 2015.

The Defendant, with the knowledge that the development site of Pakistan was negligent in the management of the scheduled removal and removal, attempted to steal the iron products, scrap iron, etc. generated from removal, etc., and tried to dwing and cutting off the stolen property while operating Category III truck.

At around 22:00 on December 19, 2015, the Defendant: (a) committed a theft with prior devices for correcting the entrance door of a warehouse of a structure E, the victim F of which was managed by the victim F of the Republic of Korea (i.e., “one dust”, and snicking of a thicknessed short) and invaded upon the network by using it; (b) 1.5 million won of the market price owned by the victim, and 3 million won of the market price, and 1.5 million won of the total property owned by the victim during the period from February 23, 2015 to July 22:30, 2016; and (c) 1.57 million won of the property owned by the Defendant, as indicated in the attached list of crimes, from around February 23, 2015 to July 22, 2030.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer against the defendant or G;

1. Each police statement made to H, I, J, and K;

1. Each police report of F, L, M, N,O, P, and Q;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Previous convictions: Application of the Acts and subordinate statutes requiring inquiries about criminal history and investigation reports;

1. Relevant legal provisions of the Criminal Act; Articles 331(1), 329, 330, and 342 of the Criminal Act; the choice of imprisonment for a crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing of Article 48(1) of the Criminal Code of Confiscation lies in the instant crime during the suspension period of execution of the same kind of crime.