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(영문) 대구지방법원 경주지원 2019.01.30 2018고단619

절도등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 21, 2018, at around 01:20, the Defendant: (a) opened a door of a D-car owned by the victim C without correction; (b) taken 10,000 won in the parking lot; and (c) stolen the vehicle from June 10, 2018 to June 10, 2018, the Defendant stolen a total of 1,330,000 won in cash, such as the list of crimes (1).

2. On May 23, 2018, the Defendant attempted to larceny money and valuables stored in the victim’s vehicle’s inside on five occasions from May 23, 2018, on the following occasions: (a) around 02:46, the Defendant attempted to steal money and valuables from the vehicle’s studio parking lot, which was not corrected, and was attempted without having been corrected since the door was corrected, and the intention was not achieved; and (b) during the period from May 30, 2018, the Defendant attempted to steal money and valuables stored in the victim’s vehicle’s inside and outside of the vehicle as indicated in the list of crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Reporting on the occurrence of each thief incident and reporting on internal investigation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 329 of the Criminal Act in relation to the relevant criminal facts; Articles 342 and 329 of the Criminal Act (the point of attempted larceny and the choice of imprisonment) of the said 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;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant has committed multiple crimes repeatedly through a short period, and that the defendant has the same criminal records.

However, there are all the records, such as the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., that the defendant seems to reflect the crime, that the defendant seems not to have good mental or physical health.