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(영문) 대전지방법원 2019.06.13 2019고단1264
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 31, 2019, the Defendant opened and opened a door of the E-P motor vehicle owned by the victim D, which was parked in a state that was not corrected at the same time in the Seo-gu Daejeon, Seo-gu, Daejeon, Seo-gu, Seoul Underground Parking Lot, and carried one HP Nowon-gu, the market price of which is equivalent to KRW 200,000, and 10,000, the market price of which was located.

In addition, from that time until April 7, 2019, the Defendant corrected 67,000 won ex officio according to the investigation report (matters of acceptance of damaged goods) recording 215 pages of the facts charged to the extent that the Defendant did not impede the Defendant’s exercise of his/her right to defense by theft of property equivalent to KRW 1,078,00 in total on six occasions, such as the list of crimes in the attached list of crimes, from that time until April 7, 2019. The Defendant corrected 67,000 won from that time to that time, and 4 times theft was attempted.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of victims entered in the annexed list of crimes;

1. Photographs of the damaged vehicle;

1. Records of seizure and the list of seizure;

1. A CCTV closure;

1. Return of damaged articles and application of Acts and subordinate statutes on certificates of acceptance;

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

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 (see, e.g., the nature of each intrusion crime of this case, the number of crimes, the number of crimes committed, and the number of crimes committed, considering the circumstances unfavorable to each of the following: (a) the accused committed a crime; (b) the primary crime is recognized; (c) the amount of damage is relatively minor; (d) the attempted crime is committed; (c) some damage was returned; (d) the Defendant’s age

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

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