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(영문) 광주지방법원 2017.10.18 2017고단3843
절도등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 02:00 on March 26, 2017, the Defendant: (a) opened a 1020 high-tech 20-class apartment parking lot of this apartment building; (b) and cut off cash bags containing KRW 900,000 of cash bags owned by the victim C, which were parked in the B car 201 underground parking lots; and (c) cut off.

From that time until June 26, 2017, the Defendant, as indicated in the list of crimes in the attached Form, stolen the victims’ property worth a total of KRW 3,970,00,00 from that time, and attempted to steal the victims’ goods on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, D, E, F, G, H, I, J, and K;

1. A protocol of seizure and a list of seizure;

1. Investigation report (related to the confirmation of the damaged goods and the injured party of the spawn apartment inciting the spawn);

1. CCTV images of the crime scene;

1. Application of Acts and subordinate statutes on CCTV images related to crimes to be carried out by a scenic spot;

1. Relevant provisions of the Criminal Act concerning criminal facts, and Articles 329 (the point of larceny), 342, 329 (the point of attempted larceny) of the Criminal Act concerning the selection of punishment, and Articles 329 (the point of attempted larceny) and 329 (the choice of imprisonment);

1. Mitigation of attempted larceny (for each attempted larceny), Article 25 (2) and Article 55 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. As for the reasons for sentencing under Article 48(1)1 of the Criminal Act, in consideration of all the sentencing conditions set forth in the arguments of this case, including the defendant's age, sex, environment, circumstances, circumstances after the crime, and the scope of punishment recommended by the sentencing guidelines set by the Supreme Court sentencing committee for larceny, etc., the punishment shall be determined as per the order.

Unfavorable circumstances: Over nine times in the month of the month, the same kind of vehicle was attempted at the apartment underground parking lot, and it was also attempted to commit a crime at least six times a day.

A stock farm, ...

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