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(영문) 대구지방법원 서부지원 2015.07.03 2015고단262
절도
Text

A defendant shall be punished by imprisonment for six months.

No. 1 of the seized evidence to the victim I, to the victim J, No. 5.

Reasons

Punishment of the crime

On May 23, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Daegu District Court on May 23, 2014, and the said judgment became final and conclusive on May 31, 2014, and is currently suspended.

1. On August 01, 2014, at the end of 01:00, the Defendant: (a) followed the victim I’s luxane, which was used under the influence of alcohol in front of the Busan East-gu, Busan-gu, Busan-do; and (b) stolen one gallonian 3 mobile phones in an amount equivalent to one million won in the market value of the victim’s ownership.

2. The Defendant, at around 01:00 on September 01, 2014, was drunkly used in front of the exit 9 that was set forth in the second two parallel calendars of Daegu, Seogu, and stolen cash 40,000 won and credit cards of corporate banks, which are owned by the victim, following the victim Jins, which were ever used in front of the exit 9.

3. On September 01, 2014, at around 01:00, the Defendant: (a) followed the victim’s scambane in his name, which was used under the influence of alcohol at the places indicated in the foregoing paragraph (2); (b) stolen one bomet containing a copy of the Daegu Non-bank, the victim’s possession.

4. Around 01:00 on September 01, 2014, the Defendant: (a) took a brupted part of the victim’s main money, which was used under the influence of alcohol at the place specified in the foregoing paragraph (2), and stolen a brupting transportation card, which was in possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Investigation report (related to victim I's statement);

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification during the period of stay of execution of a suspect);

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. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act did not know even though the defendant was under the same suspended sentence, and committed each of the crimes in this case, and the victims under the influence of alcohol were stolen.

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