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(영문) 광주지방법원 2020.01.15 2019고단4564
절도
Text

A defendant shall be punished by imprisonment for four 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 August 7, 2019, around 06:00 on August 7, 2019, the Defendant stolen approximately 230 km of high water, such as the U.S. board in the market price, owned by the victim D at the “C” construction site located in the Namyang-gun, Namyang-gun, Seoul, Seoul, by carrying them onto the Defendant’s cargo vehicle.

2. On August 21, 2019, the Defendant: (a) committed the crime committed at the construction site of “C” as indicated in paragraph (1) around 06:00 on August 21, 2019; (b) committed the theft of approximately 1,00 km, etc. on the market price, which is the victim as listed in paragraph (1), onto the Defendant’s cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report (related toCCTV attachment);

1. Application of statutes on site photographs;

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

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing favorable circumstances: The fact that the defendant has recognized his/her mistake; the defendant has no agreement with the victim; the defendant has been punished for the same kind of crime, such as larceny in 2011; the crime of attempted larceny in 2013; and the punishment of each fine for larceny in 2018;

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