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(영문) 창원지방법원 2017.03.17 2016고단3961

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. From around 02:00 on September 26, 2016 to around 03:00 on September 26, 2016, the Defendant: (a) cut off one LG options handphone in an amount equivalent to KRW 800,000,00 of the market price of the victim, regardless of whether the victim D was placed at the time of charging the handphone; (b) around 03:00 on September 27, 2016, the Defendant: (c) opened a door-to-door 27:0 on September 27, 2016, 00 KRW 10,000,000,000,000 on the underground parking lot located in the Changwon-si, Sungwon-si, 27:00 on the same day; and (d) opened a 18:0 hole of cash without correcting the victim’s vehicle’s underground theft on the 1st floor; and (d) opened a 0% of cash.

3. On October 2, 2016, the Defendant: (a) committed a crime on October 2, 2016; (b) committed a theft of the amount equivalent to KRW 100,000 in cash in front of 122 (on October 2, 2016, the Defendant opened a door door of a H vehicle that was not corrected by the victim G; and (c) committed a theft of the amount equivalent to KRW 100,000 in cash in front of 122 (on October 2, 2016, the Sungwon-si apartment complex of Sungwonwonwon

4. The Defendant committed the crime of October 25, 2016, on October 25, 2016, committed a theft of KRW 440,00 in total, KRW 50,00,00 in the front parking lot of 108 (on the top of 106 Dong-dong), a J vehicle’s door, which was not corrected by the victim I, was opened and opened a door of the J vehicle, and the cash amounting to KRW 245,00 in the said parking lot, and KRW 440,00 in total, KRW 1 and KRW 50,000 in the department store gift certificates.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each protocol of seizure and investigation;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Punishment of Imprisonment);

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 on the suspended execution;

1. Where the sentencing of Article 62-2 of the Criminal Code of the community service order and the protection and observation is one of the basic aggravations of the types of punishment, and where the sentencing of Article 62-2 of the community service order is one of the persons who are subject to the general sentencing guidelines from January to June to August: The recommendation that there is no corresponding sentence: the sentence of imprisonment for a term of one year: the sentence of imprisonment for a term of eight months and suspension of execution; the two years of protection and observation; the community service order; and the reasons for aggravating 160 hours: the majority of the crimes.