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(영문) 광주지방법원 2017.03.03 2017고단116

절도등

Text

A defendant shall be punished by imprisonment with prison labor for four 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 December 11, 2016, around 12:00, the Defendant: (a) opened a door that was parked in the 3015-Mari-do, Busan Shipping Daegu Maritime Transport Daegu, 115-Mari-ro, 301, the third apartment house of 301, the victim C, who was parked there, did not correct the victim C’s rocketing car; and (b) stolen the victim’s cash owned by the victim with KRW 9,100.

2. On December 11, 2016, at around 13:00, the Defendant opened a door that was parked in the Maritime Transportation Daegu Maritime Transportation Complex of Busan, Busan, the Maritime Department of Permanent Residence of 236 Permanent Residential Area for the Maritime Affairs and Fisheries of the victim E, who was parked in the Maritime Department of 236 permanent residence, and obstructed the objects to be stolen, and attempted to commit an additional crime by an ombudsman at the relevant match vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement of each police statement made by the victims;

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

1. Relevant Article 329 of the Criminal Act; Articles 342 and 329 of the Criminal Act; Articles 329 of the Criminal Act; and choice of imprisonment for a crime;

1. Statutory mitigation under Articles 26 and 55 (1) 3 (Attempted Suspension) of the Criminal Act;

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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order has the record of being punished two times or more as a fine, in addition to being sentenced to suspension of indictment due to the theft of the same law.

Provided, That the amount of theft is less than the amount of theft and the victim C shall not be punished for the defendant.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.