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(영문) 인천지방법원 2012.11.21 2012고단9988

절도

Text

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

Reasons

Punishment of the crime

On October 9, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. by the Incheon District Court. On December 21, 2009, the Incheon Detention House completed the enforcement of the sentence.

Criminal facts

1. On August 9, 2012, around 04:10 on August 9, 2012, the Defendant: (a) opened a door by means of cutting off and cutting off the strings into the window of the vehicle; and (b) removed KRW 130,000 in cash owned by the victim E in the driver’s seat, and stolen the 130,000 won.

2. On August 9, 2012, around 04:17, the Defendant: (a) opened a door at the same place as in paragraph (1); (b) opened the door by cutting off the Fpoter cargo onto the window of the vehicle; and (c) cut off KRW 5,000 from the victim G owned by the driver’s seat, thereby cutting down KRW 5,00.

3. On August 10, 2012, from around 12:00 to 18:00 of the same day, the Defendant: (a) opened a parking lot for H apartment in Gyeyang-gu, Incheon; (b) opened an I high-priced vehicle; (c) opened a back door of the opened vehicle; and (d) cut off the cash amount of KRW 3,000 owned by the VictimJ, which was located in the driver’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, G and J;

1. A report on investigation (CCTV investigation), CCTV video data, CCTV video data at a convenience store in Baweg, and the details of drinking water purchased at a convenience store by the suspect;

1. On-site inspection, logs, photographs of damaged vehicles, appraisal reports, and investigation reports (on-site inspection, etc.);

1. Investigation report (victim E's telephone statement);

1. Previous records of judgment: Application of criminal records, etc., inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. Among concurrent offenders, the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is that the amount of damage to each of the larceny of this case is small, but the defendant is the defendant.