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(영문) 의정부지방법원 2013.11.06 2013고단2605
절도
Text

A defendant shall be punished by imprisonment for not less than eight 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 13:00 on July 22, 2013, the Defendant: (a) 13:00, went to the “D Beauty room” operated by the victim C, the building B, and (b) 3,50,000 won in cash owned by the victim within the victim’s glnet by making use of the flick flicks; (c) 3,50,000 won in cash in the victim’s possession; (d) one cash card in the agricultural bank; and (e) one cash card in the new bank.

2. At around 14:03 on the same day as Paragraph 1, the Defendant inserted the cash card of a national bank, which was stolen, in a cash automatic withdrawal machine at the sub-section, Co., Ltd., Ltd., the Defendant continued to withdraw KRW 450,000 by inserting it into the cash automatic withdrawal machine, as mentioned in Paragraph 1, and continuously withdrawing KRW 20,000 in the same way using the bank card that was stolen as mentioned in Paragraph 1, and continuously withdrawing KRW 50,000 in the same way using the new bank cash card that was stolen as mentioned in Paragraph 1.

As a result, the Defendant stolen a total of KRW 700,000 in cash managed by the victimized bank.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on investigation (report accompanied by details of account transactions), application of CCTV-related Acts and subordinate statutes to banks;

1. Relevant Article 329 of the Criminal Act and each of the choice of punishment for the crime. Article 329 (Selection of Imprisonment with 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. The sentence of probation under Article 62-2 of the Criminal Act was not restored to the victim for reasons of sentencing. There were unfavorable circumstances, such as six previous times of sentencing, but the total amount of damage is relatively small, and considering the circumstances where it is difficult for the defendant to take care of his or her health condition due to the fact that he or she should regularly obtain blood speculation, etc., the sentence of probation shall be imposed in consideration of the same criminal records, etc.

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