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(영문) 의정부지방법원 2018.10.18 2018고단2859
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2018, the Defendant shall put the victim D’s studio parked in C, which was parked in B, around 21:53 on April 27, 2018, into the front window of the said vehicle, the Defendant shall not deduct the victim D’s 30,000 won of the market price of gold 80,000 won, E card 1, F card 1, and gold Samsung G, the victim’s market price of which is equivalent to 90,000,000 won.

Then, the theft was committed.

2. On April 29, 2018, the Defendant, while under the influence of alcohol in front of the main point of “J” located in Gui-si, Sinri-si I on April 29, 2018, the Defendant: (a) committed a theft of the Victim K, who was a tin, seated in the atmosphere, and was locked on the floor; and (b) committed a theft of Samsung Ggal ju (S6 smartphone) equivalent to KRW 800,00 in the market value of the Victim’s ownership,

3. On May 17, 2018, the Defendant: (a) cut off the victim N on the cash payment machine No. 5 at the automation counter of the Maman branch located in Guri-si L on May 17, 2018; and (b) caused a theft of one Samsungphone, the market price of which is equivalent to KRW 370,000, at the victim’s market price.

4. On May 28, 2018, the Defendant: (a) accessed the Victim Qu, who was under influence of alcohol at a place, to the Plley located in Gui-si O on May 28, 2018; and (b) stolen Samsung 4 smartphones, which is equivalent to KRW 100,000, the market price owned by the victim and was far away from the victim’s new outbreak.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of N, D, G, Q and K;

1. On-site reports (on-site reports and CCTV verifications in H), CCTV images-faging photographs;

1. A fire-proof report (verification of CCTV images for crime prevention around the scene of the incident), CCTV images to captures;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. 112 Details of report processing;

1. Investigation reports (on-site CCTV investigations);

1. Application of the Acts and subordinate statutes to a criminal investigation report (in the event of a crime, CCTV investigation and attachment of photographs), CCTV images closure photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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