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(영문) 광주지방법원 목포지원 2021.02.16 2021고단63
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Records] On December 12, 2018, the Defendant was sentenced to one year and six months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and three years of suspended execution on December 21, 2018, which became final and conclusive on December 21, 2018, and is currently under suspended execution.

[Criminal facts]

1. On December 11, 2020, the Defendant: (a) discovered cash withdrawal period, located at the central branch of D Union branch offices located in C when permanent residence is located in C on December 11, 2020; (b) discovered KRW 2 million in cash, which the victim B was diving; and (c) stolen the victim’s property as it is.

2. From December 28, 2020 to the victim E, the Defendant stolen the victim’s property by taking advantage of the gap where the victim E took a cash withdrawal before the cash withdrawal period located in the G Cooperatives-U.S. branch located in the G Cooperatives-U.K. branch located in the Naman-gun branch located in the Naman-gun branch located in the Naman-gun branch of the G Cooperatives, and then he did not take the cash withdrawal, and by taking account of the gap where the head of the Tong was neglected to take care of the head of the Tong, the Defendant stolen the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and B;

1. Protocols of each seizure, list of seizure, cash photographs of seizure;

1. A report on the occurrence of a crime (thief), investigation report (verification of a suspect's moving), investigation report, investigation report (suspecting of a suspect), investigation report (suspecting of a suspect), report on occurrence of a crime (location of a witness), internal investigation report (in relation to field CCTV), 13 copies of field photographs, internal investigation report (in relation to field CCTV), internal investigation report (in relation to field CCTV), report on internal investigation (in addition to the list of 112 reported cases), investigation report (in addition to the front of CCTV at the branch of a D association), investigation report (inform of a suspect's escape route), closure of CCTV taken at the time of escape of a suspect and

1. Previous convictions: References to inquiries, such as criminal history, personal confinement status, investigation report (report on attachment of relevant decisions, such as theft by suspect), application of criminal investigation report (report on attachment of criminal records and attachment of criminal records of the suspect), and application of statutes;

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

1. The conditions for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act, which are disadvantageous to the reasons for aggravated concurrent crimes: the same crime.

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