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(영문) 창원지방법원 통영지원 2014.05.19 2014고단248
절도등
Text

A defendant shall be punished by imprisonment for four 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

On March 20, 2014, the Defendant was sentenced to a suspended sentence of two years for six months in prison due to night building intrusion, larceny, etc. in the Changwon District Court’s territorial branch on March 20, 2014, and the said judgment was finalized on the 28th of

1. 절도 피고인은 2014. 3. 27. 22:32경 경남 통영시 무전동에 있는 통영시청 제2청사 후문 인근 노상 주차장에 이르러, 그곳에 주차된 불상의 승용차를 발견하고 위 차량 운전석 앞문을 손으로 잡아 당겨 열고 차량 내부에 들어간 다음 운전석 옆 물품보관함에 놓여 있는 불상의 피해자 소유인 동전 9,950원 상당을 꺼내 같은 장소에 놓여 있던 자일리톨껌 통에 넣어 가 절취하였다.

2. On March 27, 2014, at around 22:30, the Defendant attempted to open a door of another person’s vehicle and to receive money and valuables by opening it 23 times in total from that time until 23:27 of the same day, but there were no money and valuables that can be stolen inside the vehicle, and thus, attempted to commit each attempted crime without being committed, since the Defendant discovered a DNA car owned by the victim C, which was parked therein, in order to steal money and valuables inside the vehicle, and was left by hand in front of the vehicle’s driver’s seat in order to steal the money and valuables inside the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each statement;

1. Each report on investigation, records of seizure, list of seized articles and photographs thereof;

1. Report prior to judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, previous dispositions, and report on results of confirmation;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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