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(영문) 인천지방법원 2014.09.25 2014고단5803

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On August 27, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention House on February 1, 2014.

【Criminal Facts】

1. On August 12, 2014, around 0:34, 2014, the Defendant: (a) placed the victim E stores in Jung-gu Incheon Metropolitan City, in the display stand and air conditioners; (b) placed the victim’s e stores of convenience in the operation of Jung-gu, Incheon; (c) placed the victim’s e stores at the display stand and air conditioners at the size of 3,300 won at the market price; and (d) placed the two canns equivalent to KRW 1,300 at the market price; and (e) placed the vinyl which prepared goods equivalent to KRW 19,000 at the market price, including one divers whose market price is equivalent to KRW 4,900 at the market price.

2. On August 13, 2014, around 00:18, around August 13, 2014, the Defendant stolen and stolen goods worth KRW 5,950, in total, the market price of the victim’s ownership in the display stand and air conditioners at the place specified in paragraph (1) at the location, and the market price equivalent to KRW 2,650, the market price of which is equivalent to KRW 3,300, 2650.

3. On August 16, 2014, around 03:23, 2014, the Defendant: (a) stolen goods, citing the total market value of KRW 3,700, including one, if: (b) the victim’s market price owned by the victim who was in the display stand or air conditioners at the place and at the display stand or air conditioners was at a level equivalent to KRW 2,650,00, in total, KRW 1,050, in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (the result of listening to CCTV images of the convenience store in this case);

1. A report on internal investigation:

1. Records before and after judgments: Criminal records, etc., and criminal investigation reports (Attachment to judgments related to repeated crimes of a suspect, attachment of judgments related thereto, and indictments related to cases pending in trials) shall be applied;

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has the record of being punished several times for the same kind of crime, and in particular, facts constituting the crime.