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(영문) 인천지방법원 2019.08.13 2019고단3741

절도

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Larceny;

A. On April 17, 2019, at around 11:15, the Defendant: (a) opened a driver’s seat door, in cash, 3.50,00 won, credit card 1, physical card 1, and one identification card 1, which are located in the contact heading, accessible to the E-mail vehicle located in the Incheon Dong-gu Incheon Metropolitan City, to the victim’s parking lot; and (b) cut off the victim’s wall.

B. On the 19th 10:40 of the same month, the Defendant re-entered the foregoing cargo vehicle parked at the same place and opened a driver’s seat in the same manner as that set forth in the preceding paragraph and stolen KRW 58,000 in cash owned by the said victim, which was located in the contact bed.

2. On April 18, 2019, the Defendant attempted to larceny, at around 07:50 on April 18, 2019, accessed the International Poter Cargo Vehicles in front of G in the Dong-gu Incheon Metropolitan City, and confirmed the inside of the cargo vehicle owned by the victim H, through the chief window, and subsequently, did not commit an attempted crime because the Defendant was aware of the victim’s right to remove the cargo from the driver’s seat by opening a driver’s seat not equipped with the corrective device, and by cutting the hand into the driver’s seat, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and D preparation;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes on photographic images of crimes,CCTV image data;

1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and selection of fines for a crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, including several times of punishment, committed the instant crime again during the period of probation, despite his previous convictions, and there is a need for strict punishment against the defendant.

However, the fact that the defendant is led to confession, and that the defendant has agreed with the victim D.