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(영문) 부산지방법원 동부지원 2017.04.13 2017고단32
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. An attempted larceny (2017 order 32) around December 28, 2016, the Defendant: (a) around 04:15, at the instant officetels parking lot located in the Nam-gu, Busan, U.S. P. P. 82-ro 17 U.S., and (b) around December 28, 2016, the Defendant was placed with the chief door of the instant car in order to steals the property owned by the victim in the instant Da SM5 passenger vehicle; (c) but, in turn, the Defendant was committed an attempted wind that could not open the door.

2. A thief (2017 Height 32), around December 28, 2016, the Defendant: (a) opened a driver’s seat not locked by the victim E, who was parked in the said parking lot, and entered into a stief-5 vehicle, and stolen it by holding 5,200 won in cash owned by the victim, who was in the custody of the said vehicle for the circulation of the said vehicle.

3. A thief (2017 Height 243), the Defendant, around August 7, 2016, was in the 4-5-ro dong-dong-dong-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

A total of KRW 50,000 and KRW 500,000,000 and KRW 2-30,000,000 were collected by hand of the driver's seat entrance, which was stolen by means of theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. As to the investigation report (as to attachment, such as site photographs)

1. A report on investigation (the attachment of photographs of scene of crime and damaged vehicles);

1. Application of Acts and subordinate statutes governing money and pictures damaged;

1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

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. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Protective observation and community service order under Article 62-2 of the Criminal Act.

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