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(영문) 인천지방법원 2015.05.27 2014고단8966
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant: (a) requested the victim H to organize the ordered tools in G warehouse from the F Center 2 complex 13, 129, Dong-gu Incheon Metropolitan City F Center 13, 129; and (b) received the key of G goods storage, and stored the key of G goods storage; (c) used the key of the victim’s prior warehouse; and (d) used the key of the G goods storage and stolen the tools stored therein.

The Defendant, around February 12, 2014, using the key to G warehouse that was reproduced and kept in the custody of the Section 2 of the foregoing G G 2nd floor, opened and opened the said warehouse, and cited the tools and boxes with the market price of at least KRW 300,000,000, total market price of KRW 42,660,000, as described in the attached list of crimes, from the date and time to November 19 of the same year, appears to be clerical error in the indictment of KRW 30,00,000, total market price of KRW 42,660,000, as described in the attached list of crimes.

A considerable amount of construction section boxes were used and sold.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Records of seizure, list of seizure and photographs of seized articles;

1. Photographs of the criminal suspect;

1. Table of stolen items compiled;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the following: The method of each crime, frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Articles 332 and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is not in compliance with the method of punishment, the number of times of the crime is poor, and the amount of theft also increases and thus the quality of the crime is not good.

However, the defendant reflects the crime of this case, and the victim did not reach an agreement with the victim as to the stolen item, but the defendant and the defense counsel for the damaged amount stated in the facts charged.

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