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(영문) 전주지방법원 2016.12.23 2016고단1970

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 25, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Jeonju District Court on May 28, 2014 and completed the execution of the sentence.

1. On June 11, 2016, the Defendant, at the front parking lot of the C office located in Yansan-gu Seoul Metropolitan City, Seoul Special Metropolitan City, 11:57, 201. On June 11, 2016, the Defendant: (a) discovered the ENFba car owned by the victim D and opened a door of an unlocked vehicle; (b) opened the door of the vehicle; and (c) cut off the 250,000 won in cash, which was placed on the top of the lighting; and (d) cut off one b million won in the market price of 200,000.

2. On August 5, 2016, at around 17:55, the Defendant: (a) discovered a passenger car in front of a G cafeteria located in the Seoul Special Metropolitan City F; (b) opened a vehicle door owned by the victim H and tried to steals an article inside the vehicle that was parked therein; (c) but (d) attempted to steal an article inside the vehicle, which was discovered by the victim and removed by the victim.

3. On September 12, 2016, the Defendant: (a) discovered a vehicle in JK9 and a number plate strawed SUV vehicle in the mountain road located in the 10-lane, Busan Special Metropolitan City on September 12, 2016; and (b) discovered a vehicle in JK9 car and a number plate strawed SUV vehicle in order to steal the inside of the vehicle; (c) however, the Defendant attempted to do so with the wind not opened by the door.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Each statement of H and D;

1. Report on occurrence of a crime and the place of criminal;

1. Each report on internal investigation (related to the identity of the victim, the ctv reading around the scene, the identification of the suspect, and the suspect);

1. Investigation report (to hear statements made by victims D);

1. Each photograph;

1. Previous records: Criminal records, inquiry reports, investigation reports, status of personal confinement, application of Acts and subordinate statutes of the judgment;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and Articles 342 and 329 of the Criminal Act (the point of attempted larceny and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;