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(영문) 수원지방법원 안산지원 2015.05.13 2015고단757
절도
Text

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

Reasons

Punishment of the crime

1. Around 10:00 on August 24, 2014, the Defendant: (a) committed a theft with a 400,000 gold field (14K, 50,000 won) equivalent to the market price of the domestic cremation site located in the domestic cremation site in Ansan-si, Ansan-si; (b) performed a strike at the home of the victim D located in Ansan-si, Ansan-si; and (c) committed a theft.

2. At around 15:00 on September 4, 2014, the Defendant: (a) committed a strike at the victim F’s house located in Ansan-si E Apartment 302, Ansan-si; (b) and (c) committed a theft with 1,00,000 won of the market price in the Ansan-gu, Ansan-si; and (d) committed a theft at the victim F’s house located in the Ansan-gu E apartment 302.

3. Around 15:00 on December 12, 2014, the Defendant: (a) committed a strike at the victim H’s house located in Ansan-si Group G, Ansan-si; and (b) committed a theft with a gold-frame of KRW 200,000 (24K, 1 money) at the market price on the part of the Ansan-si funeral unit located in the said place.

4. At around 17:00 on December 19, 2014, the Defendant: (a) committed a theft with one half of the total market price of KRW 500,000,000 (24K, 1 money) and one gold sheet (24K, 1 money) at the victim J’s house located in Ansan-si Group I apartment 108, Ansan-si, Seoul-si, with a total market price of KRW 500,000,000.

Accordingly, the Defendant stolen the total amount of KRW 2,100,000,000 from the market price owned by the victims four times.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, and J;

1. Seizure records;

1. The application of Acts and subordinate statutes to photographs of purchased books of gold, and to photographs of mutually advantageous records;

1. Article 329 of the Criminal Act applicable to the crimes;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (a) the confession of the instant crime; (b) the Defendant’s health condition is not good; and (c) the Defendant agreed with the victimJ after the instant indictment; (b) the said victim is recognized as not wanting to punish the Defendant; (c) the Defendant committed the instant crime by abusing trust relationship with the victims; (d) the Defendant has been sentenced two times as a single crime; and (e) the Defendant has been other victims.

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