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(영문) 서울남부지방법원 2013.08.28 2012고단4242
절도
Text

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

Reasons

Punishment of the crime

1. On October 16, 2012, around 04:44, the Defendant collected used goods in the “D” parking lot located in Yangcheon-gu Seoul Metropolitan Government, the Defendant: (a) removed the used goods from the victim E parking lot; (b) removed one motor vehicle exhauster; and (c) loaded one of the used goods parts of the motor vehicle into the fingers and stolen them.

2. On November 3, 2012, at around 15:30 on November 3, 2012, the Defendant cut off a part of the truck parked by the victim G of the front road of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with a locking parking by the victim G, and stolen it by cutting off one of the parts of the victim’s market value equivalent to KRW 100,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor and police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to written statements of E and G;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 329 (Options of Imprisonment)

1. Of concurrent crimes, the Defendant agreed with the victim E for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the victim G expressed his/her intent to recover damaged goods and not to punish the victim G. However, the Defendant had the same criminal record nine times. In particular, on February 15, 2012, the court rendered a sentence of imprisonment with prison labor for 10 months and a suspended sentence of two years on February 23, 2012, which became final and conclusive on June 21 and June 29 and June 23, 2012, despite having been issued a summary order of a fine of KRW 3 million by this court on August 23, 2012.

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