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(영문) 창원지방법원 2019.05.17 2018고단2287
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 6, 2018, the Defendant: (a) opened a driver’s seat of the said car and stolen the said car with the degree of KRW 3,000,00 in cash owned by the victim, which was parked on the D’s street located in the window C at Changwon-si, Changwon-si; and (b) opened a driver’s seat of the said car that was not corrected by taking advantage of the gaps that was neglected to monitor surrounding areas.

2. On August 6, 2018, around 03:55, the Defendant attempted to commit the crime against the Victim F by opening a door of the driver’s seat of the said passenger car, which was parked in the H street in front of the window G of Changwon-si, and was not corrected by using any gaps in surveillance over the surrounding areas, but did not commit money and valuables, but did not commit the crime and attempted money and valuables.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol of the police statement concerning B;

1. Investigation report (with respect to failure to prepare a statement of harm inflicted upon the victim F);

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

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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