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(영문) 의정부지방법원 고양지원 2020.04.22 2020고단453
절도
Text

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

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

Reasons

Punishment of the crime

On November 24, 2019, the Defendant: (a) around 16:50 on November 24, 2019, at the B apartment C-dong parking lot, the Defendant: (b) opened and operated a door of the EM3 vehicle in the amount of KRW 16 million for the market price managed by the victim who parked without correcting the vehicle’s door.

Around 02:00 on February 3, 2020, the Defendant: (a) opened a door in the F apartment underground parking lot of ancient cities, which was parked therein, and entered into a door that was not corrected by the victim G H sports cars owned by the Defendant, and stolen cash of KRW 3,000 from the wall inside the following vehicle.

Summary of Evidence

[200 Highest 453]

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on internal investigation (on-site reports and statements of victims);

1. Report on internal accidents, records of GDPR against stolen vehicles, and guidance on the moving routes of stolen vehicles;

1. A fire-proof report (a CCTV investigation into field apartment parking lots);

1. A criminal investigation report (Attachment toCCTV image CDs), CCTV video images CDs;

1. Written drilling (investigation report, response to requests for appraisal, gene assessment) 2020 order781;

1. Defendant's legal statement;

1. G statements;

1. Reports on internal accidents (specific developments of the damaged vehicle);

1. The application of Acts and subordinate statutes to investigation reports (Listening to statements by a victim's telephone - relating to amount of damage);

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief for general property [Type 2] general larceny [Special thief] mitigation element: Living penalty [The area of recommending punishment and recommending punishment] mitigated range, four months to ten months; and

2. The defendant shows his attitude to repent and reflect his mistake.

There is no criminal offense against the defendant.

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