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(영문) 광주지방법원 2014.07.24 2013고단4640
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 24, 2013, at around 01:00, the Defendant found the soil-free site located on the right side of the monthly intersection in Gwangju Northern-dong, Chungcheongnam-gu, Gwangju, and then opened the fuel pool of Cpokele, the victim B parked in that place, and put about about 11.2m length, one end of which was prepared in advance, into the fuel pool, and then cut off the rubber cover of approximately 11.2m length, as soon as the end of the opposite end of the above box as soon as possible, the Defendant loaded the light through his oil, and then loaded it into his DNA car by taking it into his own oil, and then cut off approximately 350 liters of light oil at the market price of KRW 500,000,00,000 at the above Pokele.

2. Around 01:00 on June 7, 2013, the Defendant, at the same place as the victim C in the same manner, cut off approximately KRW 450,00,00 from the market price of the victim C, which was located in the victim C, to a level equivalent to KRW 700,00,000.

3. Around 00:30 on June 13, 2013, the Defendant: (a) deducted approximately KRW 350,000,00 from the market price of the Victim C, which entered the Victim B, in the same manner, at the same place; and (b) stolen it.

Ultimately, the Defendant stolen approximately 1,150 liters via the victim B’s ownership, which is a total of 1.7 million won in total, over three occasions.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Act and subordinate statutes to field photographs, rubber water studs photographs;

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. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] 6-2 months to September 2, 200 shall be determined in consideration of the following factors: (a) the basic area (6-1-6 months to June) includes the record of being punished for the larceny of the same veterinary method as the final scope of punishment due to the aggravation of multiple offenses; (b) the injury has not been recovered; and (c) all the factors for sentencing, including the age, character and conduct, environment, etc. of the defendants.

It is so decided as per Disposition for the above reasons.

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