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(영문) 광주지방법원 해남지원 2019.06.13 2019고단127
절도
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On August 23, 2018, the Defendant was sentenced to 10 months of imprisonment for larceny in the Gwangju District Court’s branch office, and completed the execution of the sentence on December 21, 2018.

【Criminal Facts】

1. Around 18:00 on December 24, 2018, the Defendant: (a) opened a steering gate for the E-Poter truck owned by the victim D; and (b) took a theft of one book for students at the victim’s market price owned by the victim.

2. On March 26, 2019, at around 03:17, the Defendant: (a) opened a top-class door of the IF car owned by the victim H that was parked in G, the Defendant stolen the victim’s cash amounting to KRW 1.2 million; (b) the market price’s superfin was one box; and (c) one drinking water in the market value.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Written statements prepared by D;

1. Notification to the department related to the report of 112 case (Evidence No. 23);

1. Seven photographs, on-site photographs, and eleven photographs;

1. Previous convictions: Criminal history records, written judgments, personal confinement records, etc. [Defendants and defense counsel at the time a cash of 1.2 million won at the time in connection with the crime paragraph (2) of the crime stated in the judgment is denied the theft of 1.2 million won in cash, without any cargo vehicle. However, the following circumstances acknowledged by the evidence mentioned above, i.e., the victim H stated that he/she suffered from theft of 1.2 million won in the custody of cargo at an investigative agency (the victim first reported that he/she suffered from theft of 1.2 million won or more in cash even when filing a report).

This Court stated that the money stored in the cargo vehicle at the time is clearly memoryed with one million won or more, and that the statement is consistent, and the victim is engaged in the laver distribution business, and the large amount of cash required for funeral is carried in the ordinary place of business. The maximum amount of the money stored in the cargo vehicle on the day of the case is stated as the cargo vehicle.

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