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(영문) 청주지방법원 제천지원 2015.05.21 2015고단170

절도등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 15, 2015, the Defendant: (a) opened a bus at around 18:00 on the 15th of the same month and opened the bus to a tent; and (b) opened a vehicle parked due to lack of living expenses, the Defendant had stolen money and valuables from the vehicle parked.

1. On April 16, 2015, around 00:54, the Defendant: (a) opened a steering gate that was parked in the front line of the CMW car, which was owned by the victim D; (b) opened a steering gate that did not lock the EMW car; and (c) laid down and stolen the amount of the vehicle located in the DMW car, with a single-day and Obsteging KRW 100.

2. At around 01:01 on the same day, the Defendant opened a driver’s seat not locking out of the victim G, which was parked in the Flust City of 01:01, and opened a Hastren car, which was owned by the Defendant, and did not discover money and valuables, but failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. Investigative report (in cases of crimes committed by suspects, attaching video CDs);

1. Investigation report (investigation of video images recorded on the case scene);

1. Investigation report (investigation into attachment of photographs of the scene of damage);

1. Investigation report (field investigation);

1. A criminal investigation report (additional recognition);

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of photograph description, each video CD, and each photograph;

1. Relevant legal provisions concerning facts constituting a crime, and Articles 329 (Bath and Selection of Imprisonment), 342, and 329 ( point of attempted larceny and Selection of Imprisonment) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant committed the thief in the instant case within a relatively short period despite the fact that the Defendant had been subject to punishment for the thief, and is disadvantageous to the Defendant, and that the Defendant agreed with the victims, and all of the instant thief in favor of the Defendant.