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(영문) 수원지방법원 안양지원 2017.05.16 2017고단378
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A thief: (a) on March 3, 2017, the Defendant discovered e-mail cars owned by the victim D that were parked on the front line of the Sinpo City, Mapo-si, Mapo-si, Mapo-si, Mapo-si, and opened a door in the said car and brought 20,000 won to be kept in the said car in the said way in order to steals money; (b) from that time to April 5, 2017, the Defendant brought 61,000 won in total from Mapo-si to five times in total, as described in the list of crimes.

Accordingly, the defendant stolen the victim's property.

2. On the same day of the above 1. paragraph 1., the Defendant discovered that the windows of HV A car parked on the front side of Sinpo City F in Sinpo City around 03:22 were opened, and attempted to remove the correction device by inserting the hand in the window crepan, and let the correction device be carried out within the facility, but the Defendant did not have the wind to sound the alarm system for the vehicle.

Accordingly, the defendant attempted to steal the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I, D, J, K, G, and L;

1. Application of statutes on site photographs;

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations in the sentencing guidelines] - Theft - The mitigation area of punishment for general property(general larceny) - The special mitigation area(4 to 10 months) - The sentencing guidelines is not set for attempted larceny for living type. As such, the sentencing guidelines is not set for attempted larceny, it refers to the lower limit of the final sentencing range (4 months to 10 June) due to the aggravated punishment for multiple concurrent crimes in relation to each of these substantive concurrent crimes [the decision of sentencing] - favorable circumstances: the defendant makes his/her mistake.

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