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(영문) 대전지방법원 천안지원 2017.03.30 2017고단505

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the enforcement of the above sentence 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 October 28, 2016, the Defendant: (a) opened a door-to-face parking lot located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 19-gil 47, and stolen money owned by the victim C owned by the victim C, which was parked therein, with KRW 50,000,00, in cash owned by the victim in the driver’s seat World Cup.

2. On January 22, 2017, around 02:15, the Defendant: (a) opened a door that was parked in the same parking lot of Rabtel 24-ro 5-gil, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) opened a door that was not locking for the F Kafol car owned by the victim E; and (c) stolen KRW 54,000,000, in cash owned by the victim in the driver’s World Cup.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement (C, E);

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of punishment for imprisonment;

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. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) include eight previous criminal records of the same kind including the sentence.

However, in light of the method of theft in this case and the amount of theft, the criminal defendant's attitude in this court, and the defendant's arrest on February 25, 2017 and detained for more than one month until the date of this judgment, punishment for the defendant is heavier.

In addition, the sentence as ordered shall be sentenced in consideration of various sentencing conditions shown in the records and pleadings, such as the age, environment, means and result of the crime of the accused.