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(영문) 대구지방법원 2019.11.28 2019고단5649
절도등
Text

A defendant shall be punished by imprisonment for one year.

The seized evidence No. 2 through 6 shall be returned to persons who have lost their names.

Reasons

Punishment of the crime

On September 26, 2019, at around 02:11, the Defendant: (a) opened a door of a vehicle not corrected by the EG70 vehicle owned by the victim D, which was parked therein, at the ground parking lot behind the Daegu Northern-gu B apartment Cdong; (b) opened a wall of KRW 300,00 in cash from the wall located in the contact sponsor; and (c) from that time, up to October 16, 2019, the Defendant stolen, or attempted to steals, property from another’s vehicle on seven occasions in total, such as the list of crimes in the attached Table, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of D, G and H;

1. Records of seizure and the list of seizure;

1. In the application of the investigation report (as of September 26, 199, the CCTV photographs of the thief case and the appearance of suspects), investigation report (as of October 16, 100, the confirmation of J apartment CCTV), investigation report (as of October 16, 10), investigation report (as of October 16, 200), investigation report (as of the victim's LV telephone communications), investigation report (as of the b apartment CCTV confirmation

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 333(1) of the Victim Return Criminal Procedure Act: The defendant repeatedly committed each of the crimes of this case without being aware of during the suspension period of the execution of imprisonment for the same kind of crime, circumstances favorable to the fact that no agreement has been reached with the victim D, F, L, G: The confession and reflect of all the crimes; the victim H and K have returned part of the stolen goods; the victim H and K expressed their intention not to be punished during the investigation process; and other circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, etc., shall be determined as ordered by the order.

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