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(영문) 수원지방법원 2014.11.12 2014고단5177

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant each stolen another’s property over three occasions as follows.

1. At around 06:20 on September 13, 2014, the Defendant: (a) made soup and making soup to D Ma, which is located in Osan City C; (b) made soup and making soup using a cresh in which the victim E is locked; (c) made a bry phone owned by the victim, which was located adjacent to the victim.

2. On September 19, 2014, the Defendant: (a) around 09:30 on September 19, 2014, at the same place; (b) around 09:30, the victim F left the cellular phone in which the victim F was temporarily set up, and (c) carried one gallon-si 2 cellular phone owned by the victim.

3. On September 20, 2014, the Defendant: (a) around 07:45 on September 20, 2014, at the I restaurant operated by the victim H in Busan City, the Defendant: (b) carried 125,000 won in cash located in the safe by making use of cres among the cres in the kitchen.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of E and H;

1. Each police seizure record and the list of seizure;

1. Each CCTV CD;

1. Application of each statute on photographs;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent criminals / [type of crime] 2 thief for general larceny (special / mitigated / general / mitigated / [Scope of field and recommended ] mitigated - life [Scope of recommended / Imprisonment for 4 months or 10 months [Scope of recommended / Imprisonment for 4 months or 1 year and 6 months [general ] mitigated - Where all damages are recovered (decision of sentence] 6 months or - The above sentencing factors and the defendant committed each of the crimes of this case even though they had been sentenced to imprisonment with prison labor for the same kind of crime, and the defendant is judged to have a high risk of repeating the crime in light of criminal power and criminal law, etc., and the defendant's mistake is all made.