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(영문) 춘천지방법원 강릉지원 2014.09.04 2014고단652
절도
Text

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

Reasons

Punishment of the crime

The Defendant: (a) away from the Republic of Korea, leading to his living while driving a daily work; (b) aboard and moving a train; (c) stolen the tobacco displayed in a large string boat; and (d) in order to raise a living cost by selling it at a lower price than the market price for the small Schlage in that region.

On January 4, 2014, the Defendant: (a) at a mountain point located in Seo-gu, Seo-gu, Daejeon around 21:00, using a gap in which the victim C’s management is neglected; (b) enter the 15 cigarette contained in plastic bags kept in the tobacco bags, and then remove the security text attached to the said plastic cases with a niter in possession; and (c) remove the cigarette well; and (d) put the cigarette in the sports bags with 15 cigarette worth KRW 375,000 at the market price of 375,000,000 from the beginning of June 201 to the above temporary date, the Defendant appears to be the victim’s “K” as indicated in the attached daily indictment: Provided, That the victim’s “K” described in attached Form No. 3 of the Crimes List appears to be the clerical error of H.

The total amount of 3,923,00 won was stolen with the same property over eight times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E, F and G preparation;

1. A copy of each statement made by the victim of H, I, C, and J;

1. Application of Acts and subordinate statutes to fingerprinting personal identification of the theft incident;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. In light of the circumstances, such as the fact that the instant crime is closely against the instant crime and the economic situation is difficult, even though the period of suspension of execution is a crime under the same type of punishment for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, and the fact that the instant crime is committed again, and that the number of crimes and the amount of damage are not considerable, etc., it appears that the instant crime is committed under favorable circumstances.

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