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(영문) 창원지방법원 통영지원 2015.01.22 2014고단1193
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence referred to in subparagraphs 1, 4 through 8 shall be confiscated.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant: (a) committed a theft of the victims’ property over ten times from the time to Nov. 30, 2014, as indicated in the attached list of crimes, by opening a dracker, which had been in possession of the dracker and entered into the dracker; and (b) intrusion into the dracker by using the dracker, thereby holding the dracker; and (c) committing a theft of the victims’ property at least 50,000 won, which had been in the dracker.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, D, F, G, H, I, J, K, and L;

1. Seizure records;

1. Application of Acts and subordinate statutes to internal investigation reports (related to the attachment of field photographs), investigation reports (Attachment of photographs of the head of the police station), investigation reports (Attachment of photographs of the seized articles), investigation reports (Attachment of photographs of the head of the crime in the vehicle of the victim I), eight photographs, investigation reports (Attachment of photographs of the head of the crime in the vehicle of the victim I), eight copies of the photograph, investigation reports (as to attachment

1. Relevant provisions of the Criminal Act and Articles 329, 319 (1) and 330 of the Criminal Act concerning facts constituting an offense, each of which is applicable, and the choice of punishment;

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

1. The scope of final sentence due to the aggravation of multiple offenses, which are subject to mitigation area (in the case of night time, intrusion upon residence and the crime of larceny shall be classified into the crime of intrusion upon residence and the crime of larceny, but shall not be treated as a majority offence) of the mitigated area (in the case of crimes of intrusion upon residence and the crime of larceny, it shall be classified into the crime of intrusion upon residence and the crime of larceny, but it shall not be treated as a majority offence): The defendant committed each of the crimes of this case repeatedly over 10 times from August to February, and the victim was not recovered until now, and the defendant's social relation is not clear.

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