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(영문) 광주지방법원 목포지원 2013.06.27 2012고단1571
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【2012 Highest 1571】 The Defendant intruded into a house with no person at the seat of D University C in Mapo-si, with a view to theft of money and valuables, and displayed the place of crime while moving from the first to the fourth floor of the living room.

1. On June 13, 2012, the Defendant: (a) stolen property around 17:01; (b) and (c) committed an intrusion upon another person’s room from a living room in the above airspace via a total of six times during the period from June 14, 2012 to June 17:13, 2012, as indicated in the list of crimes in the attached Form.

2. The Defendant stolen money and valuables, etc. worth KRW 260,000, totaling six times during the period from around June 14, 2012 to around June 17:13, 2012, including the date and time set forth in paragraph (1), and at a place set forth in paragraph (1).

【2013 Highest 445 - The Defendant attempted larceny at the G parking lot located in F at Sinpo City around 16:10 on January 7, 2013, 2013: (a) confirmed that the door of the victim H-type I-type I-type car owned by the victim parked therein is not locked; and (b) opened a door on the part of the above vehicle’s auxiliary seat; and (c) carried the said vehicle into the said vehicle, which was known to the victim, and did not commit an attempted crime.

Summary of Evidence

The application of the police statements of the defendant, the police statements of H, the E/J/K/L/N to each police statement

1. Relevant provisions concerning facts constituting a crime: Larcenys by which each of them is selected to be punished by imprisonment: Each of the larcenys under Article 319 (1) of the Criminal Act: Articles 342 and 329 of the Criminal Act;

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

3. The fact that Article 62(1) of the Criminal Act is not severe, that part of the Defendant paid the amount of damage to the victim, and that the Defendant is still young and has been convicted of a suspended sentence.

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