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(영문) 서울남부지방법원 2019.07.11 2019고단2641
절도
Text

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

The defendant pays 500,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

1. On April 2019, the Defendant discovered that a vehicle owned by the victim was parked in the Yangcheon-gu Seoul Metropolitan apartment underground parking lot without correcting the vehicle owned by the victim, and entered the door of the vehicle by using a cresh in the surrounding surveillance room, and then stolen it with USD 50,000,000 owned by the victim and KRW 50,000,000,000.

2. At around 02:03 on May 11, 2019, the Defendant discovered that a car owned by the victim B was parked in the D apartment underground parking lot of Yangcheon-gu Seoul Metropolitan Government without correcting the car owned by the victim B, and that the Defendant was stolen with a 500,000 won in cash owned by the victim at the block of the said car, by breaking the jointr strings of the said car, and by using the gap where the surveillance in the surrounding area is neglected.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes on the report of occurrence (thief), internal investigation report (on-site inspection and vehicle booming), each investigation report (the results of tracking mobile routes, the results of searching DNA CCTVs, the form and intensity of the suspect after committing the crime, the degree of damage related thereto, the amount of damage related), the records of seizure, and the list of seizure;

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;

1. Grounds for sentencing under Articles 25 (1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types] thief for general property [Type 2] general larceny [Special thief] mitigation element: Living penalty [The area of recommending punishment and recommending punishment] mitigated area, and April through October.

3. According to the sentence decisions, the circumstances leading to the Defendant to commit the crime, the degree and result of damage, the circumstances before and after committing the crime, and other records of this case, including the Defendant’s age, character and conduct, environment, and criminal records.

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