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(영문) 수원지방법원 2016.01.13 2015고단5256
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Attempted larceny;

A. On October 7, 2015, around 03:54, the Defendant: (a) opened a door that was parked at the front parking lot of 104, the victim D’s Erocketing car parked at the 104 front parking lot; and (b) obstructed money and valuables to be stolen, but did not have any money and valuables to be stolen; (c) did not receive any money and valuables to be stolen.

B. around 04:00 on October 7, 2015, the Defendant: (a) opened a door that was parked at the above apartment 105 front parking lot to Gsch Rexton car of the victim F, and colors money and valuables to be stolen after entering the vehicle; (b) however, there was no money and valuables to be stolen; and (c) did not receive money and valuables to be stolen.

2. A thief: (a) around October 7, 2015, the Defendant 100,000 won in cash owned by the victim and 60,000 won in cash owned by the victim and 60,000 won in cash, two credit cards, driving licenses, and wallets containing a resident registration certificate, which were parked in the front parking lot of 102 front of the said apartment building with the victim H I taxi.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, F, and D;

1. Application of the Act and subordinate statutes to a report on investigation (on-site and related CCTV verification);

1. Relevant Articles 329 and 342 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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;

1. Taking into account the observation of protection and community service order, the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act return to and reflects the crime of this case, and that there are no two or more criminal records of the same kind of fine, the observation of protection and community service order shall be added, and the sentence shall be determined as the same as the order.

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