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(영문) 울산지방법원 2017.10.19 2017고단1200

절도

Text

A defendant shall be punished by imprisonment for six 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. On February 17, 2017, the Defendant: (a) discovered that the door of the vehicle in parking C is not corrected at the front parking lot of 106, Mangjin-gu, Yangsan City, 200, and 105, the Defendant: (b) discovered that the door of the vehicle in parking C was not corrected; and (c) entered the said vehicle into the said vehicle on the side of the driver’s seat by making use of the gap where surveillance was neglected; and (d) cut off the cash owned by the victim D, which was kept on the side of the driver’s seat; (d) 11,000 won in cash; and (e) 10,000 won in market price that includes

2. On February 18, 2017, around 00:40, the Defendant: (a) discovered that the door of the Epir vehicle in parking was not corrected at the 103-dong and 105-dong parking lot in Yangsan-si, Yangsan-si; (b) discovered that the door of the Epir vehicle in parking was not corrected; and (c) used a gap where surveillance in the surrounding area was neglected to enter the said vehicle and received after the said vehicle, the Defendant stolen the vehicle with a total of KRW 5,000,000, in total the Fpir money owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared D and F;

1. Seizure records;

1. Application of each statute on photographs;

1. Article 329 of the Criminal Act applicable to the crimes;

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 sentence (to select a suspended sentence within the scope of the basic sentencing guidelines for general larceny in consideration of various circumstances, such as the repetition of a crime, the risk of recidivism, which may be known at the existence of the previous conviction for the same crime, but still has no record of the suspended sentence or any higher record of the suspended sentence, or the scale of damage, the attitude of reflectivity, and age

1. Protective observation and community service order under Article 62-2 of the Criminal Act;