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(영문) 창원지방법원 2018.10.04 2018고단1415
절도
Text

A defendant shall be punished by imprisonment for not less than two months.

Seized evidence No. 2 shall be returned to the victim's name unrefilled person.

Reasons

Punishment of the crime

[criminal history] On December 23, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Changwon District Court on June 23, 2017, and completed the execution of the sentence at the Jinwon Prison on June 23, 2017. On April 26, 2018, the Changwon District Court sentenced eight months of imprisonment with prison labor for larceny, and the judgment became final and conclusive on May 25, 2018.

[Criminal facts]

1. On December 3, 2017, the Defendant: (a) discovered 1 panty panty of an amount equivalent to KRW 300,000,000, which was owned by the victim E in front of the D church network hall; and (b) took advantage of the crepan crepan of an amount equivalent to KRW 300,000, which was located in Kimhae-si, around 13:30 on December 3, 2017.

2. On February 25, 2018, the Defendant discovered one of its own bicycles at around 11:36 on February 25, 2018, at the entrance of the restaurant located in the D church, at the victim F, who was located at the entrance of the restaurant located in the D church, and stolen it by taking advantage of the gaps where there is no person in the surrounding area.

3. On February 28, 2018, around 16:00 on February 28, 2018, the Defendant discovered one of the victim’s name and non-satisf bicycles at the market price, which is the non-satisfed owner of the victim’s name and non-satisfed in front of the Busan Northern-dong, and the Gu Gun Gun 200 on February 28, 2018.

4. On April 7, 2018, the Defendant committed the crime on April 7, 2018, in the stairs of the first floor of the G building in Kimhae-si on April 16:27, 2018, discovered one 300,000 won at the victim H owned by the Defendant, and destroyed the bicycle locking device by leaving the string and burning it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, E, and F;

1. Each protocol of seizure and the list of seizure;

1. Each investigation report (for 12,30 times a year);

1. Previous records: Inquiries into criminal records and investigation records, and application of Acts and subordinate statutes to each investigation report (Attachment of results of the search of prisoners and confirmation of criminal suspects' records of the same kind);

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

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

1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes

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