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(영문) 수원지방법원 평택지원 2014.07.09 2013고단1629 (1)

특수절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 20, 2009, the Defendant was released on December 24, 2010 and completed the remaining term of imprisonment on May 11, 201, when he was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Suwon District Court.

1. B and on September 1, 2013, the Defendant brought the Victim LH Housing Corporation’s market price in the store of Pyeongtaek-si C, which is the sum of KRW 983,200,00, to the cargo vehicle and loaded the strings mold, cable, steel iron, etc. at the victim LH Housing Corporation.

2. On September 5, 2013, the Defendant: (a) sealed the Victim LH Housing Corporation’s market value of KRW 188,500,00, and carried the string, cable, steel, steel, etc. into the cargo vehicle.

3. On September 27, 2013, the Defendant brought 2,000 won of the market price owned by the victim F in Pyeongtaek-si, in a stock farm warehouse operated by the victim F, the Defendant carried 2,00,000 won of the market price of the victim and loaded the cargo onto the cargo vehicle.

4. On October 1, 2013, around 15:00, the Defendant brought the victim’s LH Housing Corporation’s strings, electric wires, scrap iron, etc. to the cargo vehicle and loaded them into the cargo vehicle, at the victim’s LH Housing Corporation’s LH Housing Corporation’s market price of KRW 471,00.

Accordingly, the Defendant, together with B, stolen the total amount of 3,642,70 won of the market price owned by the victims.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. The police statement concerning F;

1. Each statement of G and H;

1. Records of seizure and list of seizure of the police;

1. On-site photographs and reports on the results of field identification;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports such as criminal records, etc. and investigation reports (report on previous dispositions and investigation records);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Recommendation and sentence of the sentencing criteria (determination of type), theft crime group, theft and neglect of general property, etc.