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(영문) 수원지방법원 여주지원 2013.10.21 2013고단865
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

One cuter (Evidence No. 1), one even (Evidence No. 2), and one cap.

Reasons

Punishment of the crime

The Defendant selected a secondhand shop which is easy to commit a crime as a subject of a crime in the course of collecting and selling large recyclables to the secondhand shop which handles large recyclables, and had the intention to steal recyclables from such place.

1. Around August 24, 2013, at around 22:00, the Defendant: (a) went home by the victim D located in the Gyeonggi-gun Co., Ltd.; and (b) went back by using the cresh in which the victim returned home and intrudes into the said E fence by using it; and (c) taken two tons of the waste vinyl plate in an aggregate amounting to KRW 760,000 on the part of the victim’s ownership stored therein; and (d) took four times in total as indicated in the list of crimes in the attached list of crimes.

Accordingly, the Defendant invadedd the above E’s wall or entrance at night over four times in total, by destroying it, and then stolen the victim’s property.

2. A theft Defendant: (a) around June 17, 2013, entered the said H entrance, which was operated by the victim G located in J in Jincheon-gun, Jincheon-gun, Jincheon-gun, and did not correct the victim’s cresh by using the cresh; and (b) cut off one of the new shares of KRW 100 g, 50 g, and one of the 790,000,000 from the victim’s possession to the one ton vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to D and J;

1. Each statement G and K;

1. On-site photographs;

1. Mobile CCTV photographs of intended vehicles;

1. Records of seizure and the list of seizure;

1. Application of each existing Act and subordinate statute of one cuter (Evidence 1), one even one set (Evidence 2), and one cap (Evidence 3);

1. Relevant provisions of the Criminal Act and Article 331 (1) of the Criminal Act (the point of larceny of any structure damaged at night) concerning facts constituting an offense, and Article 329 of the Criminal Act (the point of larceny and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall apply to concurrent crimes, and the punishment stipulated for special larceny on August 29, 2013, with the largest penalty.

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