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(영문) 인천지방법원 부천지원 2019.10.17 2019고단2048
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 19:50 on May 19, 2019, the Defendant discovered three chemical parts with a heart of approximately KRW 60,000,00 in total, the market value of the victim’s possession, located at the front of the “D” operated by the victim C in Bupyeong-si B. The Defendant: (a) loaded the said chemical parts on the back seat of the Epoter II; (b) loaded the said chemical parts on the back seat of the Epoter II; and (c) cut the said chemical parts on the back seat of the said cargo.

2. On May 20, 2019, at around 21:10 on May 20, 2019, the Defendant discovered at the place specified in paragraph (1), one chemical powder with a profound floor of approximately KRW 80,000,00, the market price of the victim C owned by the Defendant, and the Defendant and F, together with the said chemical powder, stolen by placing it on his hand, with the back seat of EpoterⅡ.

3. On May 24, 2019, at around 21:00, the Defendant discovered about KRW 50,000 of the market value of the victim H located at the front of the “I” road operated by the victim H in Bupyeong-si, Seocheon-si, the Defendant: (a) discovered about about KRW 50,00,00 of the market value of the victim; (b) 1 of the chemical share with approximately KRW 30,000 of the market value, where the heavy land with approximately KRW 20,00,00 of the market value, is deep; and (c) discovered about about KRW 20,00,00 of the market value; (d) the Defendant loaded one of the chemical share with the aforesaid J’s back seat of the Epoter II; and (e) F, 2 of the chemical share with the core of the said snow and multi-land in the back seat of the said cargo vehicle.

Accordingly, the defendant stolen the victims' property together with F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each statement of C and H;

1. Application of Acts and subordinate statutes on the list of photographs of the damaged site, ctv video images, photographs of the additionally damaged site, and photographs of the seized site;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act - the defendant acknowledges and reflects his mistake.

- The Defendant has abolished and strawed to Grade VI disability.

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