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(영문) 수원지방법원 2017.04.26 2016고단3450

특수절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 2, 2016, at around 01:12, the Defendant: (a) discovered that the door of a vehicle at the e-car, the victim D, was not corrected; (b) the Defendant: (c) opened the door of the vehicle; (d) opened the door of the vehicle in the vehicle in the vehicle in the inside; and (e) committed a theft with the smart fry, lottery tickets, etc. equivalent to KRW 4.20,00,00,000 from around the above day to May 13, 2016; and (d) committed an attempted theft or theft of the victims’ property in total amount of KRW 6.34,00,000 from the above day to around May 13, 2016, together with F and B, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. A protocol concerning the examination of suspect against the defendant;

1. Copy of the protocol concerning the examination of suspect B or F prepared by each prosecutor;

1. A statement of preparation of D, G, H, I, J, K, and L;

1. On-site photographs and photographs of each CCTV;

1. Each protocol of seizure, each list of seizure, and photographs of seized articles;

1. Details of transit, application of Acts and subordinate statutes governing transit vehicles photographing photographs;

1. Article 331(2) and (1) of the Criminal Act (Joint thief) concerning the facts constituting an offense in question, and Articles 342, 331(2) and 331(1) of the Criminal Act (Joint thief) of the same Act;

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 scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, and the basic area (six months to one year and six months) of the basic area of the theft against general property (the general larceny) (the person who is subject to special sentencing]; and

2. In light of the fact that the Defendant, who was sentenced to imprisonment in the same kind of crime, committed this crime even though he had the record of having been sentenced to imprisonment in 2013, sentencing as ordered.