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(영문) 대전지방법원 2015.11.13 2015고단3110

절도

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 23, 2015, the Defendant, at around 01:05, kept the gaps of supervision neglected before the Yeongdeungpo-gu Seoul Metropolitan Government F in front of the Defendant, and according to the Victim G records, the Defendant appears to have changed to the victim L as stated in the indictment, and entered the error.

H substitute forest 110cc Oba, the market price of which is equivalent to KRW 800,000, was stolen.

2. At around 14:30 on August 23, 2015, the Defendant: (a) committed a theft with a precious metal product worth KRW 8,650,000, total weight of KRW 48,000, which was located in the display stand by taking advantage of the gaps of the victim’s surveillance neglected; and (b) the Defendant used a cresh in the display stand; (c) one, 15, and one, 15, and 10,000,000, in total, of the 48,000,000.

3. On August 27, 2015, at around 14:30 on August 27, 2015, the Defendant: (a) cut off one unit of Seoul NNCT 110cc, which is worth KRW 1,000,000, in the market price of the victim L, which was installed in the middle-gu Maba, Daejeon, Maba, with a view to turning a cre of surveillance negligence in front of the Jung-gu, Daejeon.

4. On August 27, 2015, the Defendant: (a) committed a theft with precious metal of KRW 20,000,000, total market price of KRW 119,000, in total, KRW 20,000, 12, 5, 10,000, and 2,70,000, and 2,70,000, and 119,000, and was placed in the display stand using a gap in which the victim’s surveillance was neglected; (b) Qu, operated by the victim P, located in the Jung-gu Daejeon District.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of R to the prosecution;

1. Statement of the police concerning L;

1. Written statements of P, S and J;

1. Seizure records;

1. Each written agreement;

1. Application of Acts and subordinate statutes to report on investigation (reports, such as confirmation of the market price in the gold transactions in Korea and specification of damaged goods);

1. Relevant Article 329 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

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

1. Article 62 (1) of the Criminal Act ( considered as the beginning offender, reflectiveness, agreement, etc.);