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(영문) 수원지방법원 안산지원 2017.01.10 2016고단4294
절도등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal record] On June 7, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Support of Mangnsan, etc., in the Support of Mangnsan, and the execution of the sentence was terminated at the Gansung Vocational Training Correctional Institution on August 11, 2015. On September 29, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. and the said judgment became final and conclusive on October

[Criminal facts]

1. On November 2015, the Defendant: (a) found that the victim B was lost on an insular street located in the Gu of Ansan-si and the Dong of the member of the Simsan-si on the date of his/her possession; and (b) found that the market price of the observer2 mobile phone with the victim B was equivalent to the outstanding market price of the observer2 mobile phone.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. Larceny;

A. From around 00:00 to 01:00 on June 15, 2016, the Defendant opened a door door of a vehicle with no correction of the vehicle parked by the victim’s name in the street near the DPP in Ansan-si, a member of Ansan-si, and opened the door door of a vehicle with no correction of the vehicle parked by the victim’s name and no correction of the vehicle in his/her own seat, and no amount equivalent to KRW 6,200 for the street stored in the lower bank below the fish class.

In addition, it was stolen.

B. On June 15, 2016, the Defendant: (a) opened a door door of a F. California vehicle parked by the victim E at the Tae Young-dong parking lot located in the 6-ro, Young-gu, Ansan-si, Seoul Special Metropolitan City Council member, and opened the door of a vehicle in which the victim E was not corrected; and (b) removed the amount equivalent to KRW 7,000 in the face of the vehicle in which the victim E was parked.

In addition, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and B;

1. Seizure records;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, personal confinement status, investigation report (Attachment to concurrent judgments after Article 37 of the Criminal Act), and Acts and subordinate statutes;

1. Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act (the occupation of the Do), and Article 360 of the Criminal Act (the occupation of the embezzlement of deserted articles in possession), and the choice of imprisonment with prison labor for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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