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(영문) 광주지방법원 순천지원 2013.04.12 2012고단3160

절도

Text

A defendant shall be punished by imprisonment for four months.

Seized evidence1 through 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

On April 14, 2009, the Defendant was issued a summary order of a fine of three million won for larceny, etc. in the Gwangju District Court's Netcheon Branch, and on November 13, 2009, the same court was sentenced to the suspension of execution of imprisonment with prison labor for one year and six months for larceny, etc. on November 13, 2009, and the above judgment became final and conclusive on February 25, 2010.

At around 04:00 on July 22, 2012, the Defendant: (a) committed a theft with approximately 140 litres from the market price of 240,660 litres owned by the victim E, by inserting lids connected to the automatic hard pumps, which are the victim’s ownership; (b) 20 litres from the oil tank, which the Defendant prepared in advance, by inserting strawers connected to the automatic hard pumps, into the fuel tank; and (c) 20 litres from the oil tank, prepared in advance by transferring the oil in seven litres from the victim’s market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of the same type of electric records)-related Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [Determination of Punishment] thief for general larceny [Special Convicted Person] - Mitigation element: Non-exclusive [Determination of the recommended area] mitigated area [Scope of Punishment] [Scope of Recommendation Area] from April to October [Scope of Punishment] : Article 329 of the Criminal Act, Article 329 of the Criminal Act, statutory punishment: One month to six months [Determination of Punishment] 4 months;