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(영문) 창원지방법원 거창지원 2018.03.09 2017고단359
절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. On January 28, 2017, the Defendant: (a) around 23:28, the Defendant: (b) opened a door of the said cargo vehicle; (c) opened a door of the said cargo vehicle; (d) opened the said cargo vehicle as a key in advance, in which the victim’s surveillance was neglected; and (d) opened a two weeks of cash amounting to KRW 1,00,000 in the said place; and (c) opened a two weeks of worth of KRW 35,50 in the market value at around that time.

7. By October, 700, the victims had total amount of KRW 1,049,40 by the same method as shown in Appendix I, as shown in Appendix I.

2. On June 3, 2017, the Defendant attempted to larceny: (a) around 00:19, around G cargo vehicles owned by the victim F, parked on the front road located in Chungcheongnam-gun, Chungcheongnam-do; (b) in front of the G cargo vehicles owned by the victim F, by using a cresh in which the victim’s surveillance was neglected; and (c) while opening and opening the door of the said cargo vehicle, the Defendant was unable to bring about the said cargo vehicle’s intention and did not commit any attempted crime; and (d) from around that time, the same year.

7. Between 19. and 19., the victims attempted to steal the victims’ property by entering the vehicle inside the same manner five times in total, as shown in Appendix II, but did not bring about an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, I, J, K, F, L, M, N, andO;

1. Statement of police seizure and list of public officials;

1. Each on-site photograph;

6.3. The photograph of the crime;

6.11. The criminal photograph, residence photograph, and photograph;

1. Comprehensive details of each vehicle;

1. Application of Acts and subordinate statutes to report the occurrence of a crime, arrest report of a case, internal investigation report, and investigation report (specific crimes, etc. of the defendant's residence, photograph of the defendant's residence, hearing of the victim's telephone statement - transmitting and arranging B, concerning the source of 8 keys of the vehicle used for the crime, hearing of statements by telephone

1. Relevant Article 329 of the Criminal Act and Article 329 of the choice of punishment for the crime (the point of section), Articles 342 and 329 of the Criminal Act (the point of attempted larceny) and Articles 1.

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