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(영문) 수원지방법원 2018.10.11 2018고단5134
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant came to know that the victim was friendly with the victim C, who was working together at a entertainment place, and the victim was unable to keep the money transferred or delivered to the ordinary male-friendly Gu in his/her residence, and he/she was willing to steal the said money between the victim and the victim’s outing.

On August 13, 2018, at around 15:00, the Defendant: (a) dismantled D Apartment 106-dong 803, the Defendant removed the key repair hole, and dismantled the digital fishing village installed in the clothes gate of the victim’s residence by using the cresh that was removed by the victim in order to do so; and (b) caused a theft of KRW 78,265,000 in cash owned by the victim, which was kept in his/her custody in his/her house; and (c) caused a theft of the gist of evidence.

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Police seizure records and list of seizure;

1. On-site photographs and closures of dynamic images;

1. In the case of a report on investigation (in the case of investigation into a suspect cash user), a report on investigation (in the case of re-calculation of the amount used by the suspect), and a report on investigation (in the case of property damaged by the suspect), 50,000 won (Evidence No. 1), which is applicable and confiscated by the Act and subordinate statutes, it is obvious that

As such, it shall not be returned to the victim.

1. The reason for sentencing under Article 329 of the Criminal Act and Article 329 of the selected criminal punishment for the crime [the scope of recommending punishment] The basic area (from June to January to June) of the type 2 (general larceny) of the Act on the Theft of General Property / [the sentence] The crime of this case is a theft of approximately KRW 78 million in cash in the victim's residence where the defendant is located, and the crime of this case is not against the nature of the crime, and it is also appropriate in that the defendant dissatising the repair hole of keys and dissatising the locking system to steal cash.

In addition, after committing the instant crime, the Defendant consumed approximately KRW 85 million out of the amount of damage of the instant case between the Non-indicted and the frame.

However, the defendant committed the crime of this case.

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