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(영문) 수원지방법원 2015.05.07 2015고단768
특수절도등
Text

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

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

On February 15, 2015, at around 22:00, the Defendant, at the parking lot of the “D” restaurant located in Suwon-gu, Suwon-si, Suwon-si, the Defendant: (a) stored the cafeteria E (53 years of age) in the entrance gate of the container being used as food materials storage; and (b) intruded into the container and damaged it, and carried it with two booms equivalent to KRW 800,000 in the market price.

As above, the Defendant either stolen or attempted to steals property equivalent to the total market value of KRW 4,148,00 over five times from February 15, 2015 to February 22:00, as indicated in the list of crimes committed in the attached Table, which was committed by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of F, G, H, I, and E;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 331(1) and 330 ( point of each special larceny), Articles 342, 331(1), and 330 ( point of each attempted special larceny) of the Criminal Act, and choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for special larceny against I who is the largest offense);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. A sentence shall be imposed in consideration of the following factors: (a) the number of reasons for sentencing under Article 48(1)1 of the Criminal Act is five times, and the amount of theft is not large; and (b) the defendant has many records of punishment for the same kind of crime;

In addition, the term of punishment shall be set by eight months after the statutory punishment is mitigated, taking into account the circumstances that form various sentencing conditions, such as the fact that there are circumstances to consider the motive for the crime of this case, the fact that the defendant deposited to hear the victim, the health of the defendant and family relations.

In this case, since each special larceny with which the sentencing criteria are set and each special larceny with no sentencing criteria are in the relation of substantive concurrent crimes, the sentencing criteria are not applied as they are.

However, in such cases.

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