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(영문) 광주지방법원 2018.10.16 2018고단2106
절도미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 16, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Gwangju District Court, and was released on February 28, 2018 and the parole period expired on March 3, 2018.

around 05:05 on May 13, 2018, the Defendant: (a) opened and opened a driver’s seat that was kept in custody for repair on the front side of the J, a maintenance business entity operated by the I located in Gwangju Northern-gu, Gwangju, and did not receive money and valuables to be cut off from the LK5 car owned by the victim K, but did not receive any money and valuables.

"2018 Highest 3499"

1. On August 25, 2018, around 02:05, the Defendant intrudes into a practice hall with an open back text in a singing practice hall operated by the victim N in Gwangju Northern-gu, and takes up two keyss in the management room.

They return to 15 rooms in a singing practice room, and release the locker for the singing practice machine from the said key, and take 43,000 won in total in cash contained therein after removing the locker for the singing practice machine.

They go back.

2. On August 26, 2018, the Defendant intruded by the same method as that of paragraph (1) at around 01:50 on August 26, 2018 and taken two keys to which he/she was in a management room.

They return to 15 rooms in a singing practice room, and release the locker of the singing practice room from the key, and take 50,000 won in total in cash contained therein after removing the locker of the singing practice room from the key.

They go back.

Summary of Evidence

"2018 Highest 2106"

1. Statement by the defendant in court;

1. CCTV images to be cut;

1. Previous convictions in judgment: References to inquiries, such as criminal history, text of judgment, and current status of personal confinement "2018 High Court Order 3499";

1. Statement by the defendant in court;

1. N’s statement;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV analysis and confirmation of the commission of crimes);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342, 329 (a point of attempted larceny and choice of imprisonment) of the Criminal Act, and 330 (a point of larceny at night intrusion upon residence) of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

A. The favorable condition: the defendant is the case.

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