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(영문) 수원지방법원 안산지원 2016.05.19 2016고단1034

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 20, 2013, the Defendant was sentenced to imprisonment with labor for a maximum of two years and for a short of one year and six months, on October 17, 2015, at the Suwon Flag Flag, for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape), and completed the execution of the sentence.

[Criminal facts] On February 18, 2016, the Defendant was aware of the Defendant’s cash card password, which received from the victim E, who visited the place under the influence of alcohol, while working at “D main points in the Dong-gu, Gyeonggi-si, Gyeonggi-si, Gyeonggi-do.”

1. The Defendant, at around 04:00 on the same day, stolen the cash card, which was owned by the victim, after the victim’s breathing, confirmed that the above victim was bread by drinking alcohol at the same place, and subsequently cut off by taking the cash card, which was owned by the victim.

2. The Defendant, on the same day, stolen the amount of KRW 805,20 on four occasions from an automatic cash payment machine installed in front of the 06:20 Sinsan-si, Gyeonggi-si, which was located in the Gu F, by using a stolen cash card as set forth in paragraph 1, against the will of the victim’s automatic cash payment manager.

3. The Defendant, at around 10:00 on the same day, stolen it against the will of the victim’s automatic payment manager, by withdrawing KRW 2,214,300 on 11 occasions by using a stolen cash card, as set forth in paragraph 1, from an automatic payment machine located in the same region where he was replaced by 10:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed statement of deposit transactions;

1. The photograph of the case;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria (the scope of recommended punishment) shall be the theft of general property;