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(영문) 광주지방법원 2017.05.19 2016고단5758

절도

Text

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

Reasons

Punishment of the crime

1. On July 23, 2015, the Defendant: (a) laid off a gap in the surveillance of a person who is suffering from a wound in the face value of KRW 1,900,000 on the part of the victim’s ownership, where the name getting out of a wound cannot be known while working in the Round C in the Round-gun located in the Southern-gun, Namsung-gun; and (b) removed the box, and stolen it with a net gold boom, by removing the box.

In addition, during the period from around February 19, 2016 to around February 19, 2016, the Defendant stolen precious metals worth KRW 4,184,200 in total, five times, such as attached crime sight table 1.

2. On July 2, 2016, the Defendant: (a) laid off two boxes from the next box, where two boxes were neglected to monitor a door-to-door 18K 1,256,000 won in the market price owned by the victim G while engaging in the work of classifying a door-to-door article, around 23:30 on July 2, 2016, the Defendant: (b) laid off two boxes; (c) laid off the boxes; and (d) cut down two boxes from the next half.

In addition, during the period from around October 18, 2016 to around that time, the Defendant stolen precious metals worth KRW 2,738,000 in total, five times, such as attached crime sight table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on G, H, I, J, K, L, or M;

1. Each statement of N,O, and P;

1. Application of each statute to each of the current status of cargo tracking;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense. Article 329 (Selection of Imprisonment)

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [the scope of recommending punishment] thieves on general property (general larceny) - None of the basic areas (six months to one year) - No person subject to special sentencing: The final sentencing range following the aggravation of multiple offenses: Six months to two years;

2. The defendant who has rendered the sentence of sentence; and