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(영문) 의정부지방법원 2016.12.16 2016고단4392
절도
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On May 9, 2016, the Defendant was sentenced to one year and six months of imprisonment by habitual intimidation, etc. at the District Court of Jung-gu District on May 9, 2016, and completed the execution of the sentence in a medical prison on August 18, 2016.

【Criminal Facts】

1. Crimes against victims C;

A. On October 8, 2016, around 21:00, the Defendant: (a) discovered a pel bank operated by the victim in D that the bank would drink water from the head of the bank; (b) and (c) destroyed the victim by removing one calendar force from the central wall of the inside wall.

B. On October 10, 2016, around 23:30 on October 10, 2016, the Defendant: (a) committed a theft with one cell phone owned by the victim of Samsung mobile phone owned by the market value of KRW 200,000,000, by putting the victim’s horse at door at door; and (b) taking advantage of the gaps in which the victim’

2. On October 11, 2016, around 14:55, the Defendant: (a) committed the crime against the victim E, at the oral repair room at the vicinity of the Dongwon-dong, Dongwon-dong, Dongwon-dong, and, at the time of cleaning a customer’s confidence, the Defendant stolen the victim, with a verbal one turn on, and one day off, the market value of the victim’s possession at that place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C and E;

1. A report on investigation, a report on investigation (F telephone investigation for reference), a report on occurrence of a crime, a theft, and a record of the contents of telephone conversations conducted by a victim C;

1. On-site photographs, damaged photographs, and on-site photographs and materials;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report attached to judgments, etc.), and application of Acts and subordinate statutes on personal confinement status;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Determination as to the defendant and his/her defense counsel's assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act aggravated concurrent crimes

1. The summary of the argument and the defense counsel: ① there is no fact that the defendant stolen only one cell phone owned by the victim C; ② there is a fact that the defendant has a verbal turn on, and they are used as a date and turn on, the above oral statement.

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