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(영문) 인천지방법원 2019.05.10 2019고단2219

절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 9, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny in the Suwon District Court's Ansan Branch, and on August 2, 2018, the Defendant completed the execution of the sentence in the Sungsung Vocational Training Prison on August 2, 2018.

On January 11, 2019, from around 06:30 to 07:00, the Defendant discovered that the door of the Dpoper vehicle parked in Michuhol-gu Incheon City “C Hospital” in front of the “C Hospital” located in Michuhol-gu Incheon, and opened the door of the vehicle and opened the door of the vehicle and opened the door of the vehicle, the victim E, who was located there, owned by the victim E, had one cell phone and one cell phone per 9 mobile phone when the market value of the victim E, which is equivalent to KRW 200,000,000, is equivalent to KRW 1,000,000.

In addition, the Defendant, from that time to April 3, 2019, stolen the victims’ property worth KRW 10,570,000, total market price from 13 times, as shown in the annexed crime list, respectively, from that time by the aforementioned method.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, H, I, J, E, F, K, L, M,O, P, Q, and R;

1. Each protocol of seizure, each inventory of seizure, photographs of seized articles, and photographs of seized articles;

1. Photographs of the scene of damage, investigation report (field investigation), list of 112 reported cases processing, suspect box records, investigation report (case summary, CCTV investigation, etc.), investigation report (amount of damage and CCTV investigation, etc.), investigation report (investigation of seized articles and the consolidated department of the case), investigation report (amount of damage and specific amount of damage), place of occurrence, photographs of the place of occurrence, each report on occurrence (thief), damaged vehicle photographs, on-site photographs, internal investigation report (S CCTV image), CCTV image photo, and internal investigation report (victim's statement and CCTV confirmation at the scene of crime);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, etc. inquiry reports (A), investigation reports (verification of criminal records for repeated crimes, binding of repeated crimes, and confirmation of the expiration date of the term of punishment), judgment

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

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 scope of recommendations according to the sentencing criteria;