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(영문) 창원지방법원 2016.09.28 2016고단2205

절도등

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 April 20, 2016, at around 01:06, the Defendant: (a) opened the top door door of the window in Changwon-si, Seoul Special Metropolitan City, where the victim D was parked, and stolen with a cash of KRW 50,000,000, the victim owned in the back seat, KRW 800,000,000, which is the victim’s possession in the back seat, and KRW 1,000,000,000,000, in front of the market price in front of the window in Changwon-si, where the victim D was parked.

2. On May 9, 2016, the Defendant attempted to larceny on May 9, 2016: (a) opened a driver’s seat in front of a G cafeteria located in F of the window in Changwon-si, Changwon-si; (b) opened an IK5 car parked by the victim H and applied for a stolen article, but failed to discover that article.

3. On May 17, 2016, the Defendant: (a) opened a driver’s seat in front of the window in Changwon-si, Changwon-si on May 17, 2016; (b) opened a driver’s seat in which the Victim K parked and stolen the envelope containing four million won in cash, which is owned by the victim, who was the first passenger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Application of the respective Acts and subordinate statutes of D and H

1. Relevant Article 329 of the Criminal Act (the occupation of Section), Articles 342, 329 (the occupation of attempted larceny) and Article 329 (the occupation of attempted larceny) of the Criminal Act concerning the crime, and the choice of imprisonment with prison labor;

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. The first crime for the reason of sentencing in Article 62-2 of the Criminal Act for the protection and observation of the protection and Article 62-2 (Scope of Recommendation / [The scope of Recommendation / [the scope of Recommendation ] No. 2 crime without the basic area (from June to June of 1) (the person subject to special sentencing] (the scope of Recommendation / the person subject to special sentencing] (the scope of recommendation / the person subject to special sentencing) in the basic area (from June to January of 1) (the basic area (from June to June of ] in Article 2 (General th) (the person subject to special sentencing] in Article 3 of the Criminal Act / [the scope of Recommendation / The scope of recommendation / the person subject to special sentencing] in the mitigation area (from April to October) in Article 2 (General th) [the person subject to special mitigation] in the mitigation area of punishment.