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(영문) 의정부지방법원 2015.02.12 2014고단4845
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 18, 2014, the Defendant: (a) committed theft with 1,000 won, earphones, earphones, 1, and 180,000 won in cash, within the Doning vehicle parked in C’s garage at the two weeks; (b) the victim E market value was 1,000,000 won.

2. On December 1, 2014, the Defendant, at the first 04:00 Sin Government-si, stolen, with one US$ 1,000 and two UN US dollars 1,000 UN labbba in the victim G’s land on the part of the victim’s H car located in the six front parking lots of the F-Sin Government-si.

3. On December 1, 2014, at the first 02:00, the Defendant: (a) placed and stolen a fluench fluor, the victim’s market value in the K-car parking lot adjacent to the K-car vehicle of the Council of Justice, at the victim’s level; (b) had a 2,000 won red-fluoring wall.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of E, J and G;

1. Protocols of seizure, list of seizure, and photographic records;

1. Application of the Acts and subordinate statutes concerning the comprehensive shop taxes on vehicles, including investigation reports (CCTV analysis results), photographic records (CCTV image exposure), fingerprints verification, photographs of damaged vehicles, photographs of each damaged vehicle, and records thereof;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] thief for general property - Types 2 (General thief) [Special thief] - Mitigation element: Damage [Determination of the recommended area] mitigated area of livelihood [the scope of recommendation] mitigated area] from April to 10 months [general thief] - Reduction element - There is no other same kind of punishment power as well as punished amounting to 3 million won by larceny, etc. on May 30, 2014 (Determination of Sentence] 6 months of imprisonment with prison labor, suspension of execution 2 years, community service 120 hours

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