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(영문) 인천지방법원 2018.05.03 2018고단1587
절도
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On October 26, 2017, around 03:50 on October 26, 2017, the Defendant: (a) confirmed that the door of the Victim D, which was parked in the Gyeong apartment parking lot located at 41, 578, Nam-gu, Incheon, Seoul, did not lock; (b) opened a door of the said franchise and entered into the door, and carried approximately KRW 300,000,000 in cash owned by the victim.

2. On November 4, 2017, around 04:20, the Defendant: (a) confirmed that the door of the Flusive vehicle owned by the victim C, which was parked on the road in front of Donin-ro No. 14-12, Nam-gu, Incheon, Nam-gu, Mau-ro No. 563, was not locked; (b) opened a door of the said lusent vehicle and entered the door, and carried approximately KRW 75,000 in cash owned by the victim at that location and KRW 430,000 in market price.

3. On November 21, 2017, around 02:40, the Defendant confirmed that the door of the victim H-owned IW car parked on the road located in front of the Nam-gu Incheon Metropolitan City G was not locked, and opened a door of the said benz car and opened it, and carried approximately KRW 80,000 in cash and two film diskettes owned by the victim at that location.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of C and H;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on CCTV data;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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 stay of execution (The following sentencing shall be taken into account, etc.):

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Crimes of Class 1 [Scope of Recommendation] Crimes of larceny for general property: Two types (General thief) in the mitigation area (from April to October) (Special mitigated Persons] in the living penalty;

2. A second-class crime (aggravating punishment) committed against general property: A second-class crime (aggravating general larceny) mitigated area (a period from April to October) (a person with a special mitigation) committed against general property;

3. The third offence [the scope of the recommended sentence].

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