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(영문) 인천지방법원 2013.11.26 2013고단1679
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2013 Highest 1679] On September 4, 2012, the Defendant, at around 06:28, 06:28, 2012, entered a so set set of the soup verba, “Esa” on D six floors located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and entered a soup verba, making soup for himself/herself, she considered that the victim F is locked on the side of the smartphone, and then stolen it and she takes it up next to the victim.

[2013 Highest 1951] On April 3, 2013, the Defendant confirmed that 325 items used by the victim I were not locked in H Bana in the Southern-gu Incheon Metropolitan City G9 level, and opened the above objects to cut off one credit card of the national bank owned by the victim and one scar equivalent to 900,000,000,000,000,000,000,000 won, consisting of Handphones.

[2013 Highest 6863] around 04:00 on April 24, 2013, the Defendant discovered that there is room to wear clothes No. 117 in the K Dog-gu J of Seocheon-si, Seocheon-gu, Seocheon-si, and removed a number of smartphones equivalent to approximately one million won owned by the victim, and entered approximately KRW 200,000,000,00 in total, approximately KRW 700,000,000,000,000 won, including approximately KRW 30,000,000,000.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

[2013 Highest 1679]

1. Defendant's legal statement;

2. Statement made by the police with F (2013 senior order 1951);

1. Defendant's legal statement;

1. A written statement of I;

1. A victim and photographs of damaged articles (2013 highest 6863);

1. Defendant's legal statement;

1. Application of L’s written Acts and subordinate statutes;

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. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders (a normal circumstance favorable to the defendant) is that the defendant led to confession and reflects the fact of the crime, and the damaged goods and smartphones of the victim L have been returned.

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