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(영문) 서울북부지방법원 2013.03.29 2012고합658
준강도등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On April 5, 2011, the Defendant was sentenced to one year and two months of imprisonment due to an injury, etc. by the Seoul Northern District Court, and completed the execution of the sentence at Seongdong-gu District Court on February 18, 2012.

【Criminal Facts】

1. On September 6, 2012, the Defendant: (a) around 19:28, at the victim D’s warehouse in Namyang-si, Namyang-si, the Defendant: (b) loaded at the warehouse owned by the victim D; (c) took off the E-Poter of the Defendant’s operation; and (d) loaded the E-Poter of the market price, removed from the warehouse collapsed by typhoons; and (e) loaded the E-Poter and the off-to-door equipment owned by the victim D in the market price outside the warehouse outside the warehouse, and stolen them.

2. The Defendant: (a) around 09:00 on September 2, 2012, the victim G was at the construction site of the victim G’s family building located in Namyang-si F, Namyang-si; (b) used any cres without any change to load the amount of 150 km of the scrap metal and steel bars owned by the victims of the city and the amount of 150 km off to

3. On September 23, 2012, around 13:40 on September 23, 2012, the Defendant: (a) was a “J” company in the operation of the victim I located in H in Nam-si, Namyang-si; and (b) committed a theft by carrying 2 tons of the franp width owned by the victim under the market price, which is loaded adjacent to the victim.

4. At around 17:40 on September 23, 2012, the Defendant: (a) sought back the building of the above “J” company; (b) subsequently, the Defendant: (c) stolen the decline, stuff, wave, scrap metal, etc. owned by the victim I; (d) loaded them onto the said cargo.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of K witness K;

1. Each statement of D, G, and I;

1. Each photograph;

1. Previous convictions indicated in judgment: Criminal records, previous records and results of confirmation before and after dispositions, and application of Acts and subordinate statutes governing the status of personal identification and confinement;

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. Determination as to the assertion of the defendant and his defense counsel among concurrent crimes under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (up to concurrent crimes with the punishment stipulated in larceny paragraph (4) of the same Article which is the most severe crime)

1. Determination on the assertion of attempted larceny is made.

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