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(영문) 의정부지방법원 2014.01.14 2013고단4136
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 20, 2013, the defendant was sentenced to six months of imprisonment with prison labor for an attempted special thief at the District Court, and the appeal court is still pending.

1. On November 7, 2012, from around 21:00 to December 19:00, 2012, the Defendant found that he was aware of the collection of clothes managed and operated by the victim J of the International Association, which was set up in front of the children’s park of the Gu Council No. 541 Si-Gu Government-dong, and that he damaged the part of the discharge outlet in front of the children’s park, and then cut down the unconstitutional clothes, shoess, and shoess in his custody by taking out the parts of the discharge outlet in front of the aforementioned collection box, and then cutting them into the Defendant’s spora by carrying them into the Defendant’s spora, and then cutting them into the Defendant’s spora, from around that time, until December 10, 2012, the Defendant stolen the clothes, Huntings, and Huntings, etc. at the market price three times in total, as indicated in attached Form [crime] 1, 2, and 3.

2. On November 22, 2012, at around 03:17, the Defendant, in collaboration with B, stolen the clothes of the above J's management and operation, which were installed in front of the K K cafeteria located in the Government-si, with the method prescribed in paragraph (1), including theft of any of the following: B from around that time to November 26, 2012, the Defendant committed a theft of any of the following acts: (a) under the attached Table [crime List] Nos. 4, 5, 6, 7, and 8, including those indicated in the attached Table Nos. 4, 5, 6, 7, and 8.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of J and M;

1. A investigation report (CCTV reading investigation - including a crime preventionCCTV photographic data specified and attached to the crime date);

1. Application of Acts and subordinate statutes to investigation reports (exploitating on the scene of damage);

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime, respectively, Article 329 of the Criminal Act (the point of larceny and the choice of imprisonment with prison labor) and Article 331 (2) and (1) of the Criminal Act (the point of each special larceny);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

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