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(영문) 창원지방법원 2018.07.19 2018고단1420
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 18, 2017, the Defendant was sentenced to a suspended sentence of six months for special larceny, etc. in the Changwon District Court Msan Branch, which became final and conclusive on April 26, 2017.

1. The Defendant committed the crime of October 7, 2017 at the window C of Changwon-si around 03:00 on October 7, 2017: (a) discovered that the door of the ES, the victim D, parked at that space, did not lock; (b) opened a door on the driving side of the said vehicle and stolen one million won in cash owned by the victim in the vehicle.

2. On May 18, 2018, the Defendant discovered that the door of the Defendant’s low-speed car, the owner of the victim G parked at the window F at Changwon-si, around May 18, 2018, did not lock up, and that the Defendant: (a) opened a door of the said car’s driver’s seat; and (b) stolen the said car with a cash of KRW 410,00 and KRW 30,000,000,000,000,0000,000,000,000,000,000,000, were located in the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. Reporting on occurrence of a disaster;

1. 112 Reporting case handling table;

1. A photograph at the scene of damage, a photograph of the CCTV image at the scene of crime (No. 5 No. 5), and a photograph of on-site inspection;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (report on confirmation related to suspended sentence);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows, and various circumstances, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., which are conditions for sentencing in the instant case, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee [4 months, which are the final sentencing range in accordance with the guidelines for sentencing (4 months - 10 months) - 3 months, which are the final sentencing range in accordance with the guidelines for sentencing of the Supreme Court.]

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