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(영문) 수원지방법원 평택지원 2013.12.27 2013고단1565
절도등
Text

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

Reasons

Punishment of the crime

[criminal power] On November 28, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. in a member of the Suwon District Court’s horizontal Housing Site, and on February 1, 2013, the same court was sentenced to 2 months of imprisonment with prison labor for larceny and completed the execution of the said punishment in the previous prison on August 22, 2013.

【Criminal Facts】

1. On November 24, 2013, the Defendant discovered and stolen the compact show at the D office heading in Pyeongtaek-si, the victim E, the market price of which is equivalent to KRW 100,000,000,000, from the victim E-owned office.

2. On November 28, 2013, the Defendant was aware of the victim’s thief, who was placed in the office Ma, and did not discover any stolen object despite having entered the office by Hoba and Hoba in order to find stolen objects at around 12:00 on Nov. 28, 2013. However, the Defendant was aware of the victim’s Ma, who was placed in the office Ma, in order to find out the Korean compact show amounting to 100,000 won at the market price of the victim E, and to bring about it.

As a result, the defendant tried to steal the property owned by the victim, but did not have the intention to do so on the wind that is discovered by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. On-site photographs and damaged photographs;

1. Each report on investigation;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (report on the period of repeated crimes, reporting on the binding of identical power judgments), and other Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 342 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, it is inevitable to sentence the Defendant on the ground that the Defendant committed another crime during the period of repeated crimes resulting from the same kind of crime, such as the first head of the judgment on the reason of sentencing Article 37(1)2 and Article 50 of the Criminal Act among concurrent crimes.

However, the defendant recognizes and reflects the crime.

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