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(영문) 서울동부지방법원 2020.05.20 2020고단927
절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant had opened a door for unspecified vehicles parked at the new wall time and had a mind to steal cash, etc. kept therein.

1. On September 9, 2019, the Defendant: (a) around 00:00 on September 9, 2019, confirmed that the door of the victim CDK5 car parked in the parking lot located in Gwangjin-gu Seoul Special Metropolitan City, was not locked; and (b) opened a door of the said car, and brought up KRW 2.1 million in cash owned by the victim and kept in the container so far.

2. On March 13, 2020, the Defendant: (a) around 04:32 on March 13, 2020, around 04:32, 2020, the Defendant: (b) confirmed that the door of the Victim F’s G Kaxon car was not locked; (c) opened a door of the said Kaxe; and (d) opened a door of the said Kaxe; (b) cash owned by the victim, which is in custody in the relevant container; (c) KRW 2.1 million in cash; (d) KRW 2,10,000 in 10,000 in 10,000,000 won in 10,000 won in modern department store gift certificates; and (e) KRW 1,10,00

Accordingly, the defendant stolen another's property over twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 and Class 2 thth thth thief [Determination of Punishment] for thief (Type 2] for general larceny [Class 2] for general property; - mitigated factors: Residential larceny [Scope of Recommendation and Recommendation]; Reduction range; Imprisonment with labor for up to 4th th th 10 months [General Duals] - Aggravation factors: Eastern Department (less less than 10 years after completion of execution) that does not constitute repeated crimes;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months from one year to three months (the upper limit of crimes No. 2).

3. Determination of sentence: Six months of imprisonment;

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