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(영문) 의정부지방법원 고양지원 2019.08.29 2019고단1684
절도
Text

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

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

Reasons

Punishment of the crime

1. The Defendant committed the crime of May 17, 2019, around 03:15 on May 17, 2019, discovered a DNA strawing vehicle owned by the victim C, which was parked without any contact, and opened a driver’s seat with the vehicle and opened it inside the vehicle with the vehicle not corrected, carried the door up to be set up on the rear seat of the vehicle, and carried 250,000 won in cash, 60,000 won in cash, etc. from the wall owned by the victim, and carried out the bank inside the vehicle, and carried 8,50,000 won in cash, etc. from the click to the back seat of the vehicle.

Accordingly, the defendant stolen the victim's property.

2. On June 10, 2019, the Defendant: (a) discovered GenzK vehicles owned by the victim F that were parked in the front parking lot of the detached house located in Yongsan-dong, Yongsan-gu, Yongsan-si; (b) opened a driver’s seat with the vehicle that was not corrected by the vehicle; and (c) removed 20,000 won in cash owned by the victim in the container 20,000 won.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. A report on internal investigation (investigation of CCTV around the site - the temporary verification of crimes);

1. Application of Acts and subordinate statutes to investigation reports (The CCTV images of a suspect - June 10, 2019);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Larceny): Crimes No. 2 in the judgment of the court (decision of types): thief for general property [Type 2] general larceny [No person] [the scope of recommending area and recommending punishment] basic area, imprisonment with labor for six months to one year and six months;

B. Second thief (thief): A thief (decision of type) in its holding; A thief (general property).

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