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(영문) 대전지방법원 천안지원 2015.01.23 2014고단1419
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On March 7, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Eastern District Court, for one year and six months and two years of suspended execution.

3. 15. The above ruling becomes final and conclusive and is currently in the grace period.

1. A thief: (a) around 14:00 on October 18, 2014, the Defendant cut off KRW 90,000 in cash from the victim’s wall, which was kept in custody by opening and opening a locked driver’s seat for the victim E-owned by the victim, parked in the area.

2. The Defendant attempted to larceny, at a time and place set forth in the foregoing paragraph (1) above, confirmed that the Plaintiff’s vehicle from G-to-surged, which was parked therein, did not lock, and opened a door to a driver’s seat and attempted to steals goods, such as cash, but failed to discover stolen goods. However, the Defendant failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to photographs of site photographs and damaged articles;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 329, 342, and 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent criminals [decision of types] and Article 2 of the Act on the thief in general property [Special thief] mitigated element: In the mitigated area of punishment (decision of recommending area): April to October [general thief] mitigated element: Imprisonment for April to October [decision of recommending area]: In the same criminal record [decision of sentencing], the defendant commits larceny repeatedly while he is under suspension of execution of imprisonment, and choice of imprisonment for the commission of larceny.

However, the damage caused by the instant crime is relatively less, and the damage is recovered, and the victim E does not want the punishment of the defendant.

In these circumstances, all the arguments are shown in the age and environment of the accused.

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