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(영문) 수원지방법원 평택지원 2017.06.14 2017고단313

절도등

Text

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

Seized evidence No. 1 (No. 370, 198, 190, 2000, 370, 2010, 2000.

Reasons

Punishment of the crime

[2017 Highest 313] On February 4, 2017, the Defendant: (a) committed a theft of the victim’s property by 2 lines, one of the agricultural cooperatives located in Pyeongtaek-si located in 11-2, a 36 Don-ro 11-2, Seo-gu, Seo-gu, Pyeongtaek-si; (b) the victim C’s failure to exercise due care; and (c) the victim’s share in the cargo vehicle parked therein, which is equivalent to KRW 60,00,000 in the market price of the victim’s goods.

[2017 Highest 878]

1. On April 11, 2017, the Defendant attempted to larceny or steals the victim’s property by intrusion upon the F hospital at night, including: (a) opening a hospital window that was not set up at the F hospital managed by the victim E in Pyeongtaek-si around 03:0 on April 11, 201; (b) intrusion upon the victim’s inside and outside the hospital; and (c) exposing the pipe, scrap metal 80km (a disposition amounting to KRW 430,00), the market price of the victim’s possession at which the facility was located, from that time until April 25, 2017. However, the Defendant attempted to steal or steals the victim’s property by arresting the police officer at night.

2. On April 3, 2017, at around 06:04, the Defendant: (a) opened an emergency room in a hospital that was not set up at the above F Hospital; (b) went into the hospital; and (c) went into the hospital; and (d) took a pipe, scrap metal 75km (a disposal amount equivalent to KRW 400,000) at the market price owned by the victim E and stolen the property of the victim.

Summary of Evidence

[2017 Highest 313]

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. C’s statement;

1. Each photograph (2017 Height 878);

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Police seizure records and list of seizure;

1. Each E statement;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Article 329 of the Criminal Act concerning the selection of punishment (abscamance, and a punishment choice), Article 330 of the Criminal Act (abscam thiefsing at each night), Article 342 and Article 330 of the Criminal Act (abscam thiefs), Article 319 (1) of the Criminal Act (abscamance of buildings at night), and Article 319 (1) of the Criminal Act (abstinence of buildings,

1. The former part of Article 37 of the Criminal Code, and Article 38.