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(영문) 전주지방법원 2013.11.28 2013고단2240
절도
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 20:00 on October 3, 2013, the Defendant stolen the victim B with a 150,000 won or more of the market price at which the victim B used a lush cresh in order to play a wind play in the Yacheon-gu D University Nong-gu Seoul Special Metropolitan City, Seoul Special Self-Governing Province, with a view to neglecting a lush due diligence, and with a lush 380,000 won or more of cash and 30,000 won of the market price, which is the victim’s possession, owned by the victim B, by using a lush cresh in order to play a wind play.

2. At around 14:00 on October 14, 2013, the Defendant: (a) opened a top door of the victim E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

3. At around 14:40 on the same day as described in paragraph (2), the Defendant: (a) committed theft against the victim I opened a door of the victim I’s J-to-pur vehicle in front of the home pluger’s shop located in 771, as set forth in paragraph (2) at the same time; (b) one electronic calculator in an amount equivalent to KRW 20,000,000 in the market price of the victim’s possession; and (c) one calculator in an amount equivalent to KRW 720,000 in the market price; and (d) one calcopist in an amount equivalent to KRW 30,000 in the market price of the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, E, and B;

1. In cases of investigation reports (related to confirmation of market price of damaged goods when trigal luging);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under the Criminal Act;

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