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(영문) 전주지방법원 2018.09.21 2018고단1271
절도
Text

Defendant shall be punished by imprisonment with prison labor for one month and by imprisonment with prison labor for the remaining crimes until March 3, 2018.

Reasons

Punishment of the crime

On February 22, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny for six months in the Jeonju District Court's Eup branch office, and the judgment became final and conclusive on March 3, 2018.

The defendant of "2018 Highest 1271" was parked in the front of the Yansan-gu Seoul Special Metropolitan City on August 23, 2017 at around 14:30 on August 23, 2017.

D Finding a car, opening a door that is not set off, and 90,000 won in cash owned by the victim E in that door, one Handphone, one credit card 4, and a test color room that contain the key of the vehicle, from that time until June 11, 2018, stolen the property in total of 967,000 won in total, as shown in the annexed crime list, from that time until June 11, 2018.

On November 2017, the Defendant: (a) opened a H 2 vehicle managed by the Victim G, which was parked in an underground parking lot of the F building in the Haak-gu Seoul Special Metropolitan City, Seoul Special Self-Governing Officer, and stolen the amount of KRW 10,000 in cash, such as the purchase of the land owned by the victim.

On November 30, 2017, the Defendant, at around 04:00, opened a door that was parked in the vicinity of the JJ located in Seojin-gu Seoul Special Metropolitan City on November 30, 2017, he did not correct the two vehicles, and stolen the amount of 30,000 won in cash, such as the money owned by the victim in that door.

Summary of Evidence

The written statement of the victims of the defendant's legal statement and the CCTV image-shielded data

1. Previous convictions in judgment: Application of the results of inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports;

1. Relevant Article 329 of the Criminal Act, the choice of imprisonment and punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes were considered as having repeatedly committed the instant crime even while the Defendant was investigated and tried as a criminal for larceny. On March 3, 2018, the crime committed by March 3, 2018 was considered as having been adjudicated simultaneously with the crime for which judgment became final and conclusive.

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