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(영문) 창원지방법원 2016.11.30 2016고단3338
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as a C Company Member located in Kim Sea-si B, was willing to steals and sell a copy of domestic LPG gas stored outside of the community center, center for senior citizens, and house in rural areas at night.

On April 22, 2015, the Defendant discovered one LPG gas tank for 20Kg of the market value equivalent to 60,000,000 won, which is installed on the victim’s outer wall of the victim E located in Kimhae-si, and separated gas valves from the gas valves connected to the house, and then stolen them by means of loading them into the between the ridge XD vehicles (F). From around that time to May 29, 2016, the Defendant cut off 37 LPG gas tank for 20K of the total sum of 33 times, such as the list of crimes, from around that time to May 29, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of victims entered in the annexed list of crimes;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

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

1. With respect to each of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the scope of final sentence due to the aggravation of multiple offenses, which has no basic area (6 to 1.6 months) of types 2 (general larceny) (6 to 6 months): 6 months to 2 months (decision of sentence] as follows, and the circumstances indicated in the records of this case, such as the age, character and conduct, family relation, family relation, home environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined as ordered, taking into account the two factors, which are the sentencing conditions indicated in the records of this case, including the following circumstances.

Unfavorable circumstances: The circumstances in which the same kind of crime has been repeated in the short term: agreement with most victims; the total amount of damage is relatively small; and there is no other criminal power except for one fine due to the violation of the Road Traffic Act.

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