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(영문) 대구지방법원 김천지원 2013.11.28 2013고단1127
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:20 on July 30, 2013, the Defendant: (a) discovered a Frocketing car equivalent to KRW 3 million at the market price owned by the victim E, parked in the D underground parking lot located in the Gu, Si, Si, Gu, Si, Gu, and used a creb that management was neglected to drive the car with the starting line with the key in the said car.

2. On September 2, 2013, the Defendant: (a) 14:35 on September 2, 2013, 2013, the Defendant: (b) 1: (a) junked the victim I, who was walking the front of the H located in Gumi-si G, with approximately 20 meters followed by approximately 20 meters of the victim I, who was putting the victim at the left shoulder; (c) 1: (d) one gallon of the market price in an unbaltho S2 mobile phone; and (d) one balthrops in an amount of KRW 240,000 in the market price; and (e) one galth, cash 182,000.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Written Statement;

1. Investigation report (as to the statement of a sct K, the securing of ct v U.S. and the statement of the head of the parking team), traffic accident occurrence report, traffic accident report (1)- de facto investigation report (as to the 2nd fact at the market);

1. Defendant's legal statement;

1. Each police protocol of statement I and M;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Code of the Probation and Social Service Order [Determination of Punishment] thief on general larceny [Determination of the recommended area] Basic Field [Scope of Recommendation] 6 to 1 year and 6 months / [In a case where considerable damage has been recovered, serious reflect [whether suspended sentence is suspended] - The reason for general reference is obvious social relation, serious reflect that there is no positive or higher criminal conviction, and social relation is obvious, serious reflectness [decision of sentence] 4 months in imprisonment, two years in suspended sentence, probation and community service order, and the above sentencing factors in addition to the above sentencing factors, the defendant is under the influence of alcohol.

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