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(영문) 대구지방법원 서부지원 2014.10.17 2014고단1111
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

1. A theft: (a) around 00:50 on July 31, 2014, the Defendant discovered E-mail vehicles parked in the Daegu Seo-gu Craka parking lot; (b) cut the lock by having the string string strings; and (c) cut the locking devices by cutting off the strings due to the difference of driving seat windows; and (d) cut 10 pieces of tobacco and 10 foots of 2,500 won at the market price owned by the said victim in the vehicle.

2. Attempted larceny;

A. At around 01:00 on July 31, 2014, the Defendant attempted to steals the property located in a Gpoter vehicle owned by the victim F, which was parked in the same parking lot as the above paragraph (1), in the same manner as the above paragraph (1), but did not commit an attempted crime due to the lack of stolen objects.

B. On July 31, 2014, at around 01:10, the Defendant attempted to steal the property located in the I Poter owned by the victim H in the same manner as the above paragraph 1, but did not commit an attempted crime on the wind that does not remove locking devices.

C. At around 01:30 on July 31, 2014, the Defendant attempted to steals the property located in the Kpoter vehicle owned by the victim J, which was parked in the same parking lot as above 01:30 on July 31, 2014, in the same manner as above 1. However, while following stolen objects, the Defendant did not commit an attempted act but did not come to the wind of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

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

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant Articles 329 and 342 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 48(1) of the Criminal Act is that the defendant has been punished twice as a crime of the same kind of law, but he/she again again commits the crime of this case, and the defendant has led to the crime of this case.

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