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(영문) 수원지방법원 평택지원 2017.03.07 2016고단2812

절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged in the instant case, the charge of larceny against the victim C is acquitted.

Reasons

Punishment of the crime

[Criminal Records] On June 3, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny from a member of the Suwon District Court on the same year.

7. 24. The enforcement of the sentence was terminated in the detention center.

[2] On December 8, 2016, the Defendant: (a) committed a theft by bringing the victim’s cell phone with only one million won of the market price on the part of the victim’s cell phone located in Pyeongtaek-si; (b) around 03:00 on December 8, 2016, the Defendant: (c) committed a theft by bringing the victim’s cell phone with only one million won of the market price on the part of the victim’s cell.

On November 11, 2016, the Defendant: (a) cut off the wall 150,000 won at the market price, which includes 150,000 won in cash, USD 150,00 in cash owned by the victim’s head in charge of the victim’s head in Pyeongtaek-si or 5th floor, and USD 1,000 in cash owned by the victim’s head in charge of the victim’s head in Pyeongtaek-si on November 11, 2016; (b) cut off the wall 150,000 won in market price; and (c) cut off the studle of 50,000 won in market price owned by the victim I who continued to sleep at the same place.

Summary of Evidence

【Criminal Records】

1. References to inquiries, such as criminal history, investigation report (Attachment to the relevant criminal suspect's repeated crime);

1. The legal statement of the witness F, J and K;

1. Statement made by the police with regard to F;

1. A written statement;

1. Seizure records;

1. On-site and photographs of damaged articles;

1. Investigation report (victim L) (2016 order 2891);

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. A written statement of G, H and I;

1. CCTV photographs and seized objects;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. A large number of criminal records, including the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, and three times of imprisonment for the punishment of concurrent crimes, and a large number of criminal offenses committed again during the period of repeated crimes; a part of the thief committed the larceny during the period of repeated crimes; and a part of the damaged goods have been returned; and a considerable damage has not been caused; and a part of the crime committed without regard to the Defendant’s occupation

1. The facts charged.