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(영문) 의정부지방법원 2020.08.27 2019고단5731
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 24, 2019, the Defendant: (a) around 02:57 on November 24, 2019, 2019, the Defendant: (b) opened the back of the vehicle; (c) opened a lock box in an amount of KRW 300,000 in the market value of the vehicle; (d) one straw box in an amount of KRW 250,000 in the market value; (d) two strings in an amount of KRW 80,00 in total in the market value; (e) one string in an amount of KRW 750,00 in the market value; and (e) one stringer in an amount of KRW 200,00 in the market value; and (e) one stringer in an amount of KRW 60,00 in the aggregate in the market value; and (e) moved the vehicle into the vehicle in advance with one string box in an amount of KRW 10,00 in the market value.

Accordingly, the Defendant stolen the property owned by the victim.

At around 03:57 on January 24, 2020, the Defendant embezzled one mobile phone from the market price in which the victim H lost and one hundred thousand won of cultural products right, cash, 30,000 won, post card, and 200,000 won of cultural products, without following the necessary procedures, such as acquiring one monbbl, return to the victim, etc., of the market price equivalent to 60,000 won of the market price where the victim H was lost.

Summary of Evidence

"2019 Highest 5731"

1. Defendant's legal statement;

1. C’s protocol of seizure and list of seizure of the C’s statement “20 Highest 2594”;

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to data concerning CCTV images showing the moving routes of victims of H;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the records, such as the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc.

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