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(영문) 의정부지방법원 고양지원 2020.01.16 2019고단3023
절도
Text

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

Reasons

Punishment of the crime

On April 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc., and completed the execution of the sentence in a governmental prison on September 6, 2016.

On August 3, 2019, at around 02:24, the Defendant: (a) opened a driver’s seat without correction of the DDama vehicle parked in the vicinity of the B apartment Cdong Underground Parking Lot, and (b) stolen, with two cigarettes, at the end of 90,000 won at the victim E market price owned by the victim inside the vehicle.

around 03:15 on May 13, 2019, the Defendant: (a) opened a studio that was parked in the vicinity of the F apartment G-dong parking lot, and opened a studio for the victim I’s cash of KRW 30,000 and the market price of KRW 45,000 in the vehicle; and (b) during the period from around October 13, 2019 to around October 13, 201, the Defendant stolen property of KRW 1,245,000, total market price, which is the victims’ possession, at six times in total, as shown in the list of crimes.

Summary of Evidence

[2019 Highest 3023]

1. Defendant's legal statement;

1. E statements;

1. Sceness of the scene of occurrence and CCTV images to take a course;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (revolving repeated crimes and confirmation), and personal confinement status (2019 order, 3121);

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each statement of J, K, L, M and N;

1. Investigation report (related to the execution of a warrant of seizure, search and inspection and comparison of uniforms worn at the time of committing a crime);

1. Application of Acts and subordinate statutes to seizure records and photographs of seized articles;

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

1. Article 35 of the Criminal Act among repeated crimes (as to larceny in the case of 2019Da3023 at the time of sale, larceny in the case of 2019Daga3121, No. 1 through (4) of the annexed list of crimes in the annexed list of crimes);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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