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(영문) 의정부지방법원 2013.06.20 2013고단729
특수절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special larceny: (a) on October 11, 2012, the Defendant: (b) destroyed and damaged the locks operated by the victim D, who had been prepared in advance, and (c) invaded into the locks operated by the victim D, Scheon-si; (b) opened a small safe of 10,000 won on the part of the victim; and (c) stolen it with a total of KRW 120,000 won on the part of the victim and KRW 20,000 on the part of the victim.

2. Larceny;

A. On October 11, 2012, around 01:30 on October 11, 2012, the Defendant: (a) stored the victim H in front of the G cafeteria located in Macheon-si F, with the date of the first preparation for the key hole of the driver’s seat of the I-W-W-W-W-W-W-W-W-W-W-W-W-on 3-4, opened the door of the vehicle and opened the door on 3-4 occasions; (b) opened the cosmetic on the vehicle; and (c) cut off the cosmetic located in the vehicle with a total of KRW 25,00 owned by the victim and KRW 250,000.

B. At around 23:00 on October 27, 2012, the Defendant collected 3-4 times by hand the victim H’s dracker, which was parked in the street parking lot located in Macheon-siJ, and 3:50,000 won, including 25:50,000 won check and 50,000 won 20,000 won and 20,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Written statements prepared in D;

1. Each statement prepared by H;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Relevant provisions of the Criminal Act and Article 331(1) of the Criminal Act (the point of special larceny) and Article 329 of the Criminal Act concerning criminal facts;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2009);

1. Article 62(1) of the Criminal Act (resumed circumstances in the above)

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