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(영문) 수원지방법원 성남지원 2018.12.12 2018고단2106
절도등
Text

A defendant shall be punished by imprisonment for six months.

One son and child seized (No. 1), one son and grandchild (No. 2) shall be confiscated.

Reasons

Punishment of the crime

1. On September 7, 2018, the Defendant destroyed the thief and the property damage by unfolding the victim C’s dPoter truck truck, which was parked on the street B in front of Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City, by getting off the victim C’s dPoter who was holding the first glass window in advance, and brought about the amount equivalent to KRW 15,000 in cash owned by the victim who was kept in his/her custody.

In addition, from around that time to September 12, 2018, the Defendant stolen property equivalent to 1,112,000 won in total over 15 times, such as the content indicated in the List of Offenses (1) from around that time, and damaged property equivalent to KRW 1,749,90 in total.

2. On August 27, 2018, around 02:15, the Defendant: (a) destroyed the victim G, who was parked in the vicinity of the F middle school located in Seongbuk-gu, Sungnam-gu, Sungnam-si, by means of cutting off the cash, etc. located in the front glass of the HF taxi owned by the Defendant; (b) attempted to steals the cash, etc. located in the said region, but failed to discover it; and (c) failed to do so.

In addition, from around that time to September 11, 2018, the Defendant did not intend to steals property on three occasions in total, such as the content indicated in the List of Offenses (2) and did not bring about a total of 330,000 won and damaged the attempted property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, I, J, K, L, M, N, P, Q, R, T, U, V, W, X, G, and Z;

1. Each investigation report and each occurrence report;

1. Each damaged photograph;

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

1. Application of Acts and subordinate statutes to a written estimate for investigation reports;

1. Relevant Article 329 of the Criminal Act (a thief) concerning the crime, Articles 342 and 329 of the Criminal Act (a thief) concerning the crime, Article 36 of the Criminal Act (a thief) concerning the crime, Article 366 of the Criminal Act, and choice of imprisonment with prison labor;

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. The grounds for sentencing under Article 48(1)1 of the Criminal Act for the first offense (the scope of recommending punishment) (the scope of punishment), the theft of general property, and the second type (the general larceny).

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