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(영문) 인천지방법원 2014.04.16 2014고단1586
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. On July 14, 2013, at around 11:30 on July 14, 2013, the Defendant: (a) took advantage of the gaps in the “E hospital 301 located in Bupyeong-gu Incheon Metropolitan City,” the victim C, who was hospitalized in the hospital, used a cresh in the toilet, thereby stealing the victim’s market value of Samsung Gggggggal S2 mobile phone, which is equivalent to KRW 9.80,00,000,000, in cash, KRW 80,000,000,000,00

2. On October 17, 2013, around 23:10 on October 17, 2013, the Defendant, at the “G” bank located in the F3th floor of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, stolen the Defendant’s PC, having a wallet worth KRW 100,000,000 in the market price where there was cash 50,000,000 won, which was located on the part of the victim’s seat.

3. On December 2013, 2013, the Defendant: (a) committed a theft with one cell phone of LG mobile phone owned by the victim, which was placed in the victim’s head, by using the gaps in the “J” letter or the surface room located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) the victim’s name was locked.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of H and C;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure, and each investigation report (to attach a victim's statement and hear C statements);

1. Relevant Article 329 of the Criminal Act and each of the choice of punishment for the crime. Article 329 (Selection of Imprisonment with Labor);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the amount of damage is relatively small, the amount of damage is deposited and the fact that part of the damage is divided);

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act [Determination of a sentence] The general larceny (basic area) (the scope of sentencing and sentence), six months to one year and six months in the mitigation area (the decision of sentence] imprisonment with prison labor for 8 months and 2 years in the suspension of execution, and the amount of damage for 2 years in the suspension of execution is relatively less, and some victims are agreed to or the amount of damage is deposited.

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