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(영문) 광주지방법원 2013.09.06 2013고단2275
절도등
Text

A defendant shall be punished by imprisonment for four 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

[2013 Highest 2275] Around 08:00 on March 25, 2013, the Defendant confirmed that the driver’s seat of the F-Apurt Motor Vehicle parked at the seat of the victim E in the D parking lot located in Seongbuk-gun, Chungcheongnam-gun, the Defendant: (a) opened a door to the driver’s seat; and (b) stolen the victim’s possession of KRW 15,000,00, 15 and 1,000,000.

[2013 Highest 2651]

1. At around 14:00 on May 20, 2013, the Defendant: (a) opened a numberless vehicle driver’s seat, which is the victim’s non-refluence, that was parked in the G company on the road at the G company’s G company at the G company’s G company’s G company at the G company’s G company’s G company; and (b) cut off the number flus tobacco worth KRW 2,100 at the market price being kept in the center contact heading.

2. On May 20, 2013, the Defendant attempted to steal property by opening a rocketing vehicle driver’s seat parked in Gwangju Northern-gu H from around 23:5 to May 00:03, 2013 and opening a door to the victim I, who was parked in Gwangju Northern-gu H, but did not commit an attempted theft.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of I;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles 329 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( Considerations, such as the fact that the defendant led to the crime of this case, the victims' damage not much severe, the victim I does not want the punishment of the defendant, and the fact that the defendant has many criminal records of the same kind);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 333 (1) of the Criminal Procedure Act for return;

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