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(영문) 인천지방법원 부천지원 2020.06.11 2020고단1029

절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 shall be confiscated.

The defendant shall file an application with B for compensation.

Reasons

Punishment of the crime

[criminal power] On March 31, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny in the Suwon District Court, and on August 2, 2018, the Defendant completed the execution of the sentence in the Ansan Prison on August 2, 2018.

【Criminal Facts】

In 2011, the Defendant was in possession of Turkey while working as a restaurant employee at a place where the place is unknown, and the Defendant knew of the number of sprinks and things indicated in the key in which people in the sprinks are in possession of the sprinks, and tried to hold them as sprinks and to steals the things.

At around 01:50 on September 17, 2019, the Defendant: (a) provided a victim’s escape cell using Maskky’s cre, and (b) stolen the victim’s property on a total of 11 occasions from around that time to February 28, 2020, using the gap in the victim D, using Maskky’s crea; and (c) provided a wall with cash of KRW 50,000,000 in the market price of the victim’s possession; and (d) stolen the victim’s property on a total of 11 occasions in the same manner as written in the list of crimes, from around February 28, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each written statement of D, F, G, H, I, J, K, B, L, and M;

1. Records of each seizure, photographs, photographs, photographs, photographs to cut off CCTVs, etc., and each CCTV photograph;

1. Previous records of judgment: Criminal records, inquiry records, results of confinement of prisoners, and application of statutes of the judgment;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 25 (1) 1, Article 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., of Orders for Compensation and Declaration of Provisional Execution (excluding the parts dismissed below):

1. The defendant's reasons for sentencing in Article 32 (1) 2 of the Act on Special Cases Concerning the Dismissal of Action, etc. of Application for Compensation (the part seeking more than 2.50,000 won is without merit) are the same crime.