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(영문) 춘천지방법원 2018.06.11 2018고단237
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Larceny;

A. On November 21, 2016, the Defendant committed a crime committed on November 21, 2016, at around 18:44, at the D’s residence located in Gangwon-gun C, the Defendant stolen the victim E, who visited the above residential area, with a verbal one-time stop of the market value equivalent to KRW 30,000,000, left off in front of the entrance.

B. On October 24, 2017, the Defendant: (a) stolen the victim’s D, at the same place as the above paragraph (a) around October 24, 2017; and (b) at the market price at which the victim D was off from the front of the front door, 132,170 won at the age of KRW 1,00,000.

2. On November 14, 201, 201: (a) around 01:24, the Defendant attempted to larceny at night, and (b) in front of the victim’s residence room in the same place as the above paragraph (1); (c) in the think of theft of the victim’s personal exposure, the Defendant did not appear before the victim’s dwelling room. However, as the victim’s personal exposure cannot be seen in front of the said dwelling site, the Defendant did not commit an attempted crime, even though, by opening a knife by opening a knife, carried his body into the house, pushed his personal knife with the victim’s personal injury, carried out outside the knife with the knife of the kn

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph of damaged articles), a criminal investigation report (Attachment of CCTVs) (Attachment of 4,8) (Attachment of CCTVs) (Attachment of CCTVs), a criminal investigation report (Attachment of a photograph of a suspect's intrusion CCTV storage), and a criminal investigation report (Attachment of a photograph of the damaged articles sports);

1. Relevant provisions of the Criminal Act and Articles 329 (a thief and choice of imprisonment), 342, and 330 (a thief who attempted intrusion upon residence at night) of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the community service order repeatedly steals or attempted to larceny in a house in which women live only, and the nature of the crime is bad. The defendant is respectively in 2005 and 2010.

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