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(영문) 광주지방법원 2013.10.22 2013고단4142
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

[Criminal Power] On May 23, 2012, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Gwangju District Court, and completed the execution of the said punishment on September 22, 2012.

【Criminal Facts】

On July 19, 2013, the Defendant, without any specific occupation, committed a theft of property in the taxi parked in Gwangju City with a view to taking a bicycle and returning to Gwangju City for the purpose of preparing living expenses. On July 19, 2013, the Defendant, on the front side of the D Licensed Real Estate Agent located in Gwangju Northern-gu, found the F-business taxi parked by the victim E, opened a steering door, and cut off one vehicle chip (4GB) with a 10,000 won in cash and a vehicle chip (4GB) with a market value of KRW 30,000 in total.

In addition, on July 15, 2013, from around 23:00 on July 15, 2013 to around 00:35 on the 19th day of the same month, the Defendant stolen money and valuables worth KRW 2,580,000 in total on four occasions as indicated in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, H, E, and I;

1. Investigation report (investigation into calculation of prices of damaged articles);

1. Previous records of judgment: Criminal records, inquiry records, application of Acts and subordinate statutes to the accused, and examination records of suspects of the prosecution (second-time);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are confessions and reflects against the defendant, and the victim I agreed with the victim I, and even if some of the stolen goods that were stolen from the victim G were returned to the victim, the defendant committed the crime of this case in a planned manner during the period of repeated crime of the same kind even though he was punished for the same crime, such as being sentenced several times of punishment for the same crime, and there was no agreement with the other victims except the victim I.

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