(영문) 수원지방법원 2013.08.28 2013고단3674

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(영문) 수원지방법원 2013.08.28 2013고단3674

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. At around 16:00 on March 18, 2013, the Defendant found that there was no correction of clothes administered by the victim E at the D resting room that he worked for the voice group of Chungcheongbuk-gun, and opened the door of the above clothes, thereby cutting off one of the gallons equivalent to KRW 800,000 in the market value of the victim.

2. On July 12, 2013, from around 23:30 to around 01:00 on July 13, 2013, the Defendant: (a) caused the victim H in front of G main points located in Suwon-si F in Suwon-si, Suwon-si; and (b) caused the loss to the victim’s h on his hand; and (c) caused the victim’s gallon ju S2 smartphone 80,000 won in the market price, which was the victim’s possession, gallon jusing the road.

3. Around 00:50 on July 14, 2013, the Defendant discovered that the victim I’s entrance was opened at the entrance of the five entrances of the water source station located in the Suwon-si, Suwon-si, 100,000, from the five entrances of the water source station located in 18, the Defendant cut off one of the 90,000 won of the victim’s market price by cutting off the hand within the above bank after the victim’s death.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each police statement made to E, H and I;

1. Application of Acts and subordinate statutes to the content of the case report

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes include: (a) the accused committed the same kind of crime during the period of stay of execution even though he/she was placed prior to a suspended sentence due to the same crime, and thus, the sentence of sentence is inevitable for the accused; (b) the accused is led to confession and reflectness of the accused; (c) the injured party’s recovery from the injured party due to seizure of the damaged goods; and (d) the suspended sentence becomes final and conclusive

참조조문

유사 판례

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