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(영문) 서울북부지방법원 2019.05.17 2019고단964
절도
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:50 on February 21, 2019, the Defendant discovered that the door of the Lone Star vehicle parked in front of Dobong-gu Seoul Metropolitan Government was not locked, and opened a door of driving and cut off cash of KRW 2,300,000, which was owned by the victim D while in front of the vehicle.

In addition, the Defendant stolen the total amount of KRW 2,346,200, which was the cash owned by the victims located in a vehicle in a total of six times, including the statement in the annexed crime list, from the middle of December 2017 to February 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in the preparation of D, E, F, G, H, and I;

1. Records of seizure and the list of seized articles and photographs thereof;

1. Tracking photographs of CCTVs, in cases of suspect J apartment breeding places attached to the investigation report and investigation of suspects;

1. Visual photographs of CCTV, such as a report on internal accidents and CCTV on the surface of an offense attached thereto;

1. A report on internal investigation, an extract photographs of CCTV face of a suspect, and an extract photographs of CCTV on a taxi for business purpose, if the taxi is for business purpose, accompanied by a report on internal investigation, and an extract photographs of CCTV;

1. Application of the Acts and subordinate statutes to each place of crime and photographs of damaged vehicles;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order shows the appearance of the defendant to recognize each of the crimes of this case and reflect his mistake, the amount of damage is relatively minor and the majority of the victims do not want the punishment against the defendant, under the favorable circumstances of the defendant, even though the defendant had been punished several times as fines for the same kind of crime, the fact that the defendant again committed the crime of this case is disadvantageous to the defendant. Other factors are the defendant's age, character, character, environment, health condition, etc.

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