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(영문) 대전지방법원 홍성지원 2015.12.02 2015고단934
절도
Text

A defendant shall be punished by imprisonment for four 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

The defendant has received money and valuables from a parked vehicle without correcting it.

1. At around 03:10 on August 7, 2015, the Defendant: (a) discovered a DNA car parked by the victim C in front of the Seocheon-gun B Housing, Chungcheongnam-gu, Chungcheongnam-gu; (b) opened an unrectial door with the victim C; and (c) cut off with 17 100 foots, which were located there.

2. At around 03:15 on the same day as described in paragraph 1, the Defendant discovered a F rocketing car parked by the victim E in the vicinity of the said B house and opened an unrecepted driver’s seat and cut it into the 100 foot, and cut off with two 10 foots.

3. At around 03:25 on the same day as described in paragraph 1, the Defendant: (a) opened a driver’s seat in front of the Seocheon-gun, Seocheon-gun, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do, which did not correct the Hababrid car owned by the Victim G; and (b) cut the Defendant, holding a copy of the Habababrid car owned by the Victim G, which was located therein; (c) Chapter 2 of the Habababa; (d) Chapter 4 of the Habababa; (d) Chapter 1 of the Habababa

Summary of Evidence

【Court No. 1】

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure report (the second fact on the market);

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure report (the third fact at the time of sale);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes (aggravating concurrent crimes with the punishment prescribed for larceny against victim G with the largest penalty);

1. The reasons for sentencing [the range of applicable sentences under law] under Article 62(1) of the Criminal Act (the following reasons for sentencing] (the application of sentencing guidelines): Each larceny crime, theft against general property, and theft against general property (general larceny).

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