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(영문) 창원지방법원 마산지원 2019.07.16 2019고단387
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 14, 2019, the Defendant was sentenced to a suspended sentence of one year for four months of imprisonment with prison labor for an attempted larceny of at night buildings in the Changwon District Court Msan Branch, and the said judgment became final and conclusive on May 22, 2019.

1. Around 05:00 on April 26, 2019, at the “D” singing room operated by the victim C in Changwon-si, Changwon-si, the Defendant: (a) cut off the victim’s market price, which is the victim’s market price on which the victim was placed in the locker, with a string of the locker; (b) 5 cosmetics equivalent to KRW 100,000 in the market price; (c) 18km-up in the market price; (d) 18km-up in the market price; (d) 18km-up in the market price; (e) 18km-up in the market price; and (e) 100,000 won in cash.

2. At around 23:50 on April 29, 2019, the Defendant: (a) cut off, in front of the restaurant “F synthetic store E” in Changwon-si, Changwon-si; (b) the victim H, under the influence of alcohol, of cash owned by another victim, 5,000 won; (c) one resident registration certificate; (d) one Nongnam Bank card; and (e) one Gyeongnam Bank card; and (e) one G card, one hundred thousand won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. C’s statement;

1. One copy of a report on investigation (to be accompanied by a criminal scene and a photograph of the principal of the crime), the scene of the crime, and photograph of the scene of the crime;

1. One copy of a report on investigation (Attachment of photographs of seized articles) and a photograph of seized articles;

1. One copy of each of the investigation report (the time and place of the crime, and the time and place of the crime), CCTV images taken;

1. Previous records of judgment: Criminal records, probationary records, Masan-Support 2019 Highest 141 rulings, application of Acts and subordinate statutes of the Trade Union and Labor Relations Adjustment Act;

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to nine years;

2. The sentencing criteria; and

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