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(영문) 창원지방법원 통영지원 2016.12.14 2016고단1659
절도등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On October 30, 2014, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in a branch court of the Changwon District Court, and was provisionally released on July 29, 2016 during the execution of the sentence, and the period of the parole expired on August 26, 2016.

【Criminal Facts】

1. From August 2016, the Defendant: (a) around 03:00 police officers around 03:0, the Defendant: (b) discovered and opened a door that was not corrected by the victim C in an individual cargo parking lot located in the 10-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (1,00 won, 6:00 won per 1,00 won per 6:0 won per 10,000 won per ) and stolen property equivalent to approximately 815,600 won in total from the vehicle parked by the victims in the same way, including the list of crimes (1) from October 22, 2016 to October 02:00.

2. On August 18, 2016, at around 03:26, the Defendant attempted to steal the victim’s property by the same method six times in total, from September 25, 2016, from around 03:26, in order to discover the victim’s H SP car owned by G and to steal the property located on the vehicle. However, the Defendant attempted to steal the victim’s property by the same method as indicated in the annexed Table (2) from around 06:00 until September 25, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, I, J, K, L, and M;

1. Each statement;

1. Each seizure record and list;

1. Each report on investigation;

1. Before judgment: References to criminal records and the application of Acts and subordinate statutes to criminal investigation reports;

1. Selection of imprisonment with prison labor under Articles 329, 342, and 329 of the Criminal Act, which shall apply mutatis mutandis to applicable laws concerning facts constituting a crime and choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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