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(영문) 광주지방법원 2020.05.29 2020고단1448

절도

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 피해자 B에 대한 범행 피고인은 2020. 2. 24. 02:21경 광주 북구 C 아파트 D동 주차장에서, 피해자 B이 그곳에 주차한 E BMW 승용차의 시정되지 않은 운전석 문을 열고 차 안으로 들어가 그곳 콘솔박스 안에 들어있던 피해자 소유의 시가 2,000만 원 상당의 롤렉스 시계 1개, 시가 50만 원 상당의 루이비통 팔찌 1개와 그곳 뒷좌석에 놓여있던 피해자 소유의 시가 100만 원 상당의 루이비통 가방 등 시가 합계 2,150만 원 상당의 금품을 가져가 이를 절취하였다.

2. At around 03:20 on March 12, 2020, the Defendant committed the crime against the Victim F, the Defendant: (a) opened a driver’s seat without correction of the victim F’s IBT car parkeded in the G apartment HG GG G G G G G G G G G G G, Gwangju, and opened into the vehicle, and stolen the Defendant’s money and valuables worth KRW 600,000,000, total market value of the victim’s KRW 120,000,000,000,000,000,000,000,000,000,000,000,000,000,000, won, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and F;

1. Seizure records;

1. Application of the Acts and subordinate statutes concerning photographs of damaged articles, CCTV-cape photographs and CCTV images;

1. Relevant Article 329 of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include the fact that the defendant has been punished twice for the same crime, the fact that the defendant recognized the error of the defendant, the fact that the above victim does not want the punishment of the defendant, the fact that the above victim does not want the punishment of the defendant in consultation with the victim B, the fact that the above victim does not have any record of crime exceeding the fine, and other circumstances that form conditions for sentencing, such as age, character and conduct, environment, health conditions, motive