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(영문) 수원지방법원 안양지원 2013.11.29 2013고단1287

절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. At around 13:55 on August 30, 2013, the Defendant cut off the victim’s right of horse purchase equivalent to KRW 250,00,00 in the victim’s handbag from the victim’s handbag in the 1st floor area of the Korean Racing Association, 685, Korse-dong, and Horse-C, where the victim C was on another’s part, to view the horse TV.

2. At around 14:30 on September 7, 2013, the Defendant: (a) stolen the victim’s right of horse purchase equivalent to KRW 675,00 at the victim’s market price on the fourth floor of the horse race track of the Korean Racing Association of 685, Mancheon-si, and the fourth floor of the horse race track of the Korean Racing Association; and (b) stolen the victim’s right of horse purchase equivalent to KRW 675,00.

3. At around 11:30 on September 28, 2013, the Defendant: (a) stolen the gap in which the victim E was in the 3rd floor of the luxe Park Do-dong 685 Gyeongcheon-dong, Gyeongcheon-si, by having one 143,000 won in cash owned by the victim on the other lux; (b) No. 143,000 in agricultural card; and (c) resident registration certificate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, D, and C;

1. Application of damaged objects photographs and CCTV photographs-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 329 (Selection of Imprisonment)

1. From among concurrent crimes, it is inevitable to sentence sentence in consideration of the fact that the crime of this case is committed in the short period, the crime of this case has been committed three times or more, and the motive leading to the crime has been committed, regardless of the fact that the crime of this case is committed in the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

However, in consideration of the favorable circumstances such as the fact that the crime is against the victim E or D, the fact that the victim E or D does not want the punishment of the defendant, the fact that the victim C deposited KRW 250,000 for the purpose of the victim C, etc., the punishment shall