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(영문) 광주지방법원 2018.05.30 2017고단4687
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant knew that there are many precious metals at the home of the victims that he came to know in the participation of the D Cultural Center "E" in the D Cultural Center's infant program, and had visited the victims' house to steals it.

1. On June 2016, the Defendant visited the Plaintiff’s residence of F apartment G in Gwangju Metropolitan City, Gwangju Metropolitan City, by making use of the gap in which the surveillance of the victim was neglected, and stolen it with precious metal equivalent to KRW 2,00,000,000, in the victim’s net gold-packer’s market value, the net gold-packer’s market value of KRW 1,40,000,000, in a single market value, the net gold-packer’s market value of KRW 600,000,000, in total, equivalent to KRW 600,000,000, in a single market value, and KRW 650,000,00,000, in a single gold-packer’s market value.

2. On July 26, 2016, the Defendant: (a) based on the same method as indicated in the preceding paragraph at the location described in the preceding paragraph, the Defendant: (b) stolen it with precious metal equivalent to KRW 1,00,000 in total, including the amount equivalent to KRW 80,000,000 in the market price of the 2nd-to-land 1,000,000 in net gold-to-land owned by the victim

3. On July 11, 2017, around 13:08, the Defendant visited the residence of the victim of H apartment apartment in Gwangju Metropolitan City, Nam-gu, Gwangju Metropolitan City, and stolen the victim’s net gold-do market value at a level equivalent to KRW 200,000,000, by taking advantage of the gap where the victim’s surveillance was neglected.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. G statements;

1. A certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (a confirmation of a closed circuit, etc., a theft photograph, etc.);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Basic basis for two types of general larceny in respect of the scope of punishment recommended according to the sentencing criteria (from June to June);

2. Determination of sentence:

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