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(영문) 광주지방법원 2019.10.11 2019고단3146
절도등
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. At around 00:40 on July 15, 2019, the Defendant: (a) opened a door in which the victim C was parked in the parking lot Barae-Eup, Seoul; (b) and (c) caused the theft of KRW 300,000 in cash in the vehicle.

2. On July 15, 2019, around 05:15, the Defendant: (a) discovered a Gives car, the victim F, who was parked on the street in front of Dong-Eup, and confirmed whether a person or article is inside the car; (b) tried to open a door at the top hand of the car, and enter the door, to steal the goods owned by the victim; (c) however, the Defendant failed to correct the door, and did not commit an attempted crime because the victim inside the car, who was in the last place, went out of the road, was fright or on the spot, and was frighted by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Seizure records;

1. Application of related photographs and on-site photographs statutes;

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. 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 reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant committed the same kind of crime in spite of the fact that he/she had been punished several times for the same crime, and that he/she was unable to agree with the victims, etc.

However, the fact that the defendant repents and reflects the defendant's wrong, the amount of damage caused by the crime that led to the number of times is not large, and the remaining crimes are considered as favorable to the attempted crimes, and the defendant's age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of all the conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character

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