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(영문) 인천지방법원 2016.10.20 2016고단5774

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On September 6, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Incheon District Court on September 6, 2013 and completed the execution of the sentence on October 19, 2014.

【Criminal Facts】

1. Around April 2, 2016, the Defendant: (a) around 2, 2016, at the Ati-dong Ddong parking lot located in 503 Doo-ro 82, Nam-gu, Incheon; (b) caused a theft of the sum of the market price equivalent to KRW 400,000 in the market price owned by the victim P, which was loaded in the loading of Qu-type cargo vehicles owned by the victim P, located therein; (c) one electric utility model in the amount of KRW 350,000 in the market price; (d) one electric utility model in the amount of KRW 50,000 in the market price; and (e) one electric utility model in the amount of KRW 150,00 in the market price; and (e) five charged amount of KRW 360,000 in the market price; and (e) one construction tool in the amount of KRW 1,200,00 in the market price.

2. 피고인은 2016. 4. 10.경 인천 남구 주승로 104에 있는 성신홈타운 103동 주차장에서, 그곳에 주차되어 있는 피해자 R 소유의 S 화물차 적재함에 실려 있던 시가 합계 1,000,000원 상당의 함마드릴 1대, 충전드릴 1대, 손캇타 1개 등이 들어있는 공구함 1개를 가져가 절취하였다.

3. On April 18, 2016, the Defendant: (a) held a construction tool box, which was loaded in the loading of W cargo vehicles owned by the victim V parked in the Southern-gu Incheon Metropolitan City, on April 18, 2016; and (b) took off a total of KRW 1,500,000 in the market value, and stolen the pipe box, one ppuri, two chargingry, and one flaco, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of P, R and V;

1. A photograph of a CCTV closure;

1. Previous records of judgment: Application of Acts and subordinate statutes to inquire criminal records, etc. and to report criminal investigations (a repeated crime of a suspect and confirmation during the continuation of an appellate trial);

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. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The sentencing criteria;