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(영문) 수원지방법원 성남지원 2016.03.23 2015고단3115
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, while working as a three-dimensional for a visiting car shop, was able to easily confirm the inside of the customer’s vehicle, opened a door of a parked vehicle by dricking the rear glass door of the parked vehicle, opened a door of an unspecified vehicle, and stolen high-priced golf bond sets, etc. stored in the facility, and disposed of them for profit.

1. On November 18, 2015, at the underground parking lot of an apartment building located in the 77-ro, Y-gu, Sungnam-si, Sungnam-si, the Defendant: (a) destroyed the back glass window of the above vehicle by a dracker who was parked by the victim C; and (b) stolen with a golf set of money equivalent to KRW 2,400,000,000, in total eight times from that time to December 14, 2015; and (c) stolen with a golf set of money equivalent to KRW 20,30,000,000, from that time, as indicated in the list of crimes in the attached Form.

2. In the process of theft of golf loans, etc. at the time and place described in paragraph 1, the Defendant damaged the glass windows of each damaged vehicle by Raber holding them as described in paragraph 1, 3, 5, or 8 of the annexed crime sight table No. 1, 3, 5, or 8.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects of D;

1. Police statements made to E and F;

1. A written statement of C, G, H, I, and J;

1. A list of the details of photographs of damage, investigation reports (the detailed list of transactions of deposits and withdrawals), and the details of transactions of deposits and withdrawals;

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

1. Relevant Article 329 of the Criminal Act (a thief) and Article 366 of the Criminal Act (a point where each property is damaged) and choice of imprisonment with prison labor for 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 suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 333(1) of the Return Criminal Procedure Act [the scope of recommendations] general property.

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