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(영문) 대전지방법원 천안지원 2018.06.28 2017고단1800
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 30, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. in the support for the development of the Suwon method, and the said judgment became final and conclusive on May 15, 2018.

[2] The Defendant and B met the subject of the crime in a way that knifes the car with a vehicle with a mind to steal money and valuables at the night time with the post-age, which was known to the Defendant and B through her friendship, and knife the knife of the parked vehicle with a view to cutting down the knife.

At around 03:50 on May 19, 2017, the Defendant and B found that there was no correction device for vehicles owned by the victim D, which were parked on the street in front of south-dong, Nam-gu, Seoul, and the Defendant reported the network around the region, and the Defendant: B opened the door of the vehicle and completed cash 19,000 won in total; and (b) attempted to steals or steals money and valuables equivalent to KRW 41,000 on nine occasions from around that time to June 4, 2017, as in attached Form 1.

Accordingly, the defendant and B committed a theft of or attempted to commit a theft of another's property in combination with the defendant and B.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Each written statement of D, F, G, H, I, J, K, L and M;

1. A protocol of seizure and a list of seizure;

1. Each CCTV photograph;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written judgment;

1. Article 331(2) and (1) (special larceny) of the Criminal Act in relation to the facts constituting an offense, Articles 342, 331(2) and 331(2) of the Criminal Act (the point of attempted special larceny) of the said Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: In light of the method, contents, etc. of the crime, such as where the defendant steals or attempted to steals goods on several occasions in a short period, jointly with B, the defendant committed the crime.

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