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(영문) 부산지방법원 서부지원 2018.07.18 2018고단964

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, while driving with mind that property located in a parked vehicle be stolen, has colored the subject matter;

1. On May 17, 2018, around 02:01, the victim E, parked in the front route of the “D kindergarten” located in the Busan Northern-gu, Busan Northern-gu, discovered the Frento car and left the driving seat knife, but the intention was not achieved because it was a corrective device;

2. On the same day, at around 02:10 G public parking lots, the victim H-owned I car was discovered, and the back of the driver's seat was left in a proper room, but the intention was not achieved because it was a correction device;

3. At around 02:17 on the same day, the victim K-owned Lene car was discovered, and the vehicle was stolen with cash worth of KRW 500,000, which was kept in cash on the left-hand side of the driver’s seat, by entering a set of light that was opened on the left-hand side of the driver’s seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of K, H and E;

1. Application of CD images and photographs statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of Section 329 of the Criminal Act), Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) One type of theft in general property (the theft, such as abandoned water) in the area of special mitigation (one to six months) (the person who is specially mitigated) (the person who is a special mitigation) in the area of larceny, and who is not eligible for punishment;

B. There is no sentencing guidelines for each attempted larceny.

(c)

Since the sentencing criteria for multiple crimes have not been set, only the lower limit of the range of sentence according to the sentencing criteria for crimes for which the sentencing criteria have been set shall apply.

2. The defendant who has been sentenced to a suspended sentence for the same type of crime, such as the fact that he committed the instant crime without being aware of it, and the defendant recognized the instant crime.