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(영문) 춘천지방법원 강릉지원 2016.08.11 2016고단772

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 May 2, 2016, the Defendant: (a) opened a door door on the part of the victim C, which the victim parked in Gangnam-si B, in front of the house of the victim C; (b) opened a door on the part of the victim’s seat, which was parked therein; and (c) opened a door on the part of the passenger knife; and (d) opened a door on the part of the victim’s market value, which is equivalent to KRW 10,00,000, the market value of the victim’s possession.

Accordingly, the defendant stolen the victim's property.

2. On May 23, 2016, the Defendant: (a) thief and property damage: (b) at the end of the victim D’s house located in Gangnam-si B on May 23, 2016, the Defendant collected a stone with a stone stone in the surrounding area; (c) cut off a glass window on the front side of the driver’s seat of the vehicle in the string where the victim parked at that place; (d) opened a door with a hand in a shoulder glass window; and (e) entered the vehicle into the vehicle, one cash of KRW 10,000, a vehicle of KRW 6,000, a vehicle of KRW 6,000, which is owned by the victim; and (e) carried one manual for the user of the said vehicle.

As a result, the defendant stolen the victim's property, and damaged the victim's free shop of the car owned by the victim about KRW 400,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Seizure records and on-site photographs;

1. Application of Acts and subordinate statutes to investigative reports (report on verification of expenses incurred in repairing motor vehicles glass);

1. Relevant legal provisions of the Criminal Act and the choice of punishment for the crime, and the choice of punishment under Article 329 of the Criminal Act and Article 366 of the Criminal Act;

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 suspended sentence of punishment under Article 62(1) of the Criminal Act was returned to victims who are out of use of a vehicle, among the damaged articles that have no criminal history or excess of the fine for the same kind of crime or for the reason of sentencing under Article 62(1) of the Criminal Act. The scope of the recommended sentence under the sentencing guidelines that the victim does not want to be punished by the defendant: April - January - April 1, 200 [4 months of imprisonment, which is the scope of the recommended sentence for larceny on May 23, 2016, and 10 months [10 months].