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(영문) 전주지방법원 2014.02.04 2013고단2532
절도
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

1. On July 2013, the Defendant: (a) committed theft against the victim C at the E convenience store located in Yasan-gu, Yasan-si; (b) had 6 showle gates in an aggregate amounting to KRW 6,000, the market price of the victim’s possession, which was placed on the display stand for office supplies, and stolen the victim C with six showle gates in an amount equivalent to KRW 6,00.

2. Larceny against victim F;

A. At around 19:00 on July 30, 2013, the Defendant: (a) committed theft with two original walletss equivalent to the total market price of KRW 48,000, which was located in the display stand by using the gaps in which the victim F’s surveillance was neglected at the time of He pension located in YY-gu Seoul Metropolitan City.

B. On September 21, 2013, the Defendant, at the time of the above H H pent, took advantage of the gaps in which the surveillance of the said victim was neglected at the time of the victim’s penture, and stolen the Defendant, with one original wallet in an amount equivalent to KRW 24,00,00, at the market price of the victim’s possession.

3. On August 2013, the Defendant thefted the victim I with two electronic visions equivalent to KRW 9,800, total market price of the victim’s possession, which was located in the display stand, at the time of the early police station located in the J of YY-gu Seoul Special Metropolitan City (J).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, C, and I;

1. Records and lists of police seizure;

1. Each investigation report and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to photographs of each damaged article;

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

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

1. Although Article 62(1) of the Criminal Code of the suspended execution has the same criminal history for the defendant, the defendant has committed the crime in this case, and the defendant faces difficulties in living due to mental disorder and lives due to the creation of a residential space for neighboring neighbors, etc. are living together by creating a residential space.

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