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(영문) 광주지방법원 2020.05.28 2019고단3041

절도미수등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2019 Highest 3041] On August 2, 2019, the Defendant: (a) opened a driver’s seat, which the victim C parked in the Seo-gu Seo-gu Gwangju Underground Parking Lot on August 10, 2019; (b) opened a door of the driver’s seat, which the victim C does not correct his/her car; and (c) attempted to search for stolen articles by entering the same, the Defendant was not aware of the fact to the employee of the victim who was on the part of his/her invasion, and did not commit such act.

[200 Highest 1973]

1. On March 25, 2020, the Defendant, at the front parking lot of the F apartment management office in Seo-gu, Seo-gu, Gwangju, Gwangju, opened a steering room where the victim E was parked in, and entered into the seat of a string that is not corrected for the victim’s cruise car, and stolen the victim’s market price owned by the victim E and one 30,000 won in cash and 30,000 won in the unclaimed market price.

2. At around 22:50 on April 10, 2020, the Defendant: (a) opened a driver’s seat without correction of the JAP car parked at the said apartment parking lot; (b) entered the vehicle into the vehicle where the victim H was parked at the victim H; and (c) took a theft of KRW 80,000 in cash owned by the victim within the said container.

Summary of Evidence

[2019 Highest 3041]

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (C Telephone statement hearing report);

1. Defendant's legal statement;

1. Each statement of H and E;

1. Related photographs and CCTV photographs of each case;

1. Application of Acts and subordinate statutes to internal investigation reports (in relation to the first place of residence), investigation reports (in relation to tracking a suspect), investigation reports (in relation to tracking a taxi on board a suspect), investigation reports (in relation to tracking a taxi on board a suspect), investigation reports (in relation to a suspect), and internal investigation reports (in addition to CCTV data at the time of committing a suspect),

1. Relevant legal provisions concerning criminal facts, Articles 342 and 329 of the Criminal Act that choose a punishment, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are several times of crimes of the same kind.