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(영문) 창원지방법원 2019.07.10 2019고단1251

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Larceny;

A. On April 24, 2019, at around 06:20 on April 24, 2019, the Defendant: (a) stolen cash equivalent to KRW 230,000 (section 50,000, Chapter 2 and Chapter 13,000) owned by the victim C, which was operated by the victim C in Kimhae-si B, by taking advantage of the gaps in surveillance negligence; and (b) stolen money equivalent to KRW 230,00,000, which was located in the said safe.

B. On May 2, 2019, around 06:40 on May 2, 2019, the Defendant: (a) stolen the cash amounting to KRW 85,000, which was the victim’s possession, located in the instant safe, using any cresh in the name of “G” operated by the victim FF in Busan Northern-gu, Busan, with cash equivalent to KRW 85,00,00.

2. The Defendant, who intrudes upon a structure, opened the cafeteria and opened it to the cafeteria, and intruded the victim F’s F’s structure by using the key to the cafeteria, which was previously possessed for the purpose of thefting property, when it comes to the time and place specified in paragraph 1(b).

Summary of Evidence

1. Defendant's legal statement;

1. C and F Statements;

1. Application of CCTV closure photographs, investigation reports (suspects specific), and field photographs-related Acts and subordinate statutes;

1. Articles 329 and 319 (1) of the Criminal Act and Article 329 (1) of the same Act concerning facts constituting an offense, the choice of imprisonment with prison labor;

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] thief for general property of Type II (general larceny) and the basic area (one to half years from six months of imprisonment to one year) for mitigation area (one to one year): Reduction area (one year and six months of imprisonment) for mitigation area (one year from eight months to one year) - Criteria for punishment for multiple crimes: Imprisonment with prison labor for which no punishment is imposed: From August to two years and three months (decision of sentencing) for the following circumstances: the defendant's age, character and conduct, family relation, the value of goods used for the crime of this case (315,00 won), the details and circumstances of the crime of this case, and the circumstances after the crime shall be comprehensively considered and determined as the order of punishment as ordered.

Circumstances that are disadvantageous: Identity of cash in another person's place over two times, and the method of committing the instant crime is good.