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(영문) 수원지방법원 2015.04.09 2015고단593
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On February 6, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on January 6, 201, and completed the execution of the said punishment on March 12, 2014.

【Criminal Facts】

1. At around 08:20 on December 2, 2014, the Defendant: (a) stolen two air conditioners, the market price of which is 200,000 won, which is the victim’s possession in the above store, from “E” operated by the victim D in Suwon-si, Suwon-si, Suwon-si; and (b) stolen two air conditioners, the victim’s market price in the above store.

2. On December 4, 2014, around 07:30 on December 4, 2014, at the same place as Paragraph 1, the Defendant: (a) stolen four air conditioners equivalent to KRW 400,000 on the market price of the victim D, which were kept in the said store; (b) caused the theft of the Plaintiff’s air conditioners.

3. The Defendant, at around 07:30 on December 7, 2014, at the same place as Paragraph (1) and at the same time, stolen three air-conditioners, the victim D, who had been kept in the said store, in the market value of which is equivalent to KRW 300,00,000.

4. At around 08:50 on December 11, 2014, the Defendant stolen one out of the air conditioners equivalent to KRW 100,000 at the market price, which is the victim’s possession stored in the area, in front of “H” operated by the victim G in Suwon-si, Suwon-si, which was operated by the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Investigation report (the date and time of damage and relation to the order of crimes of theft);

1. Photographss, etc. by capturing CCTV images and by capturing CCTV images;

1. Previous records: Application of investigation reports, results of prisoner search, criminal records and inquiry reports, and Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act provides for the reasons for the sentencing [the scope of recommending punishment] Article 1 of the Criminal Act for the larceny of general property (the theft of stolen articles, etc.).

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