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(영문) 광주지방법원 2015.08.27 2015고단2140
절도등
Text

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

1. On March 19, 2015, around 01:41, 2015, the Defendant discovered that the victim C(the age of 43) was under the influence of alcohol at the parking lot of the Gwangju Bank located in 5-2, the 78-ro regular course of business in Seo-gu, Seo-gu, Gwangju, and that he was divingd by the victim’s dyketop car operation while driving as an agent driver, and that he was stolen with one cell phone of 6 mobile phone of 1,050,000 won at the market price which is set up on the side of the victim while driving as an agent.

2. On April 25, 2015, around 03:26, 2015, the Defendant: (a) discovered that the victim G (31 years of age) was under the influence of alcohol on the road of the F cafeteria located in Seo-gu, Seo-gu, Gwangju, while standing in the victim HK5 driver’s seat; (b) opened a door on the part of the victim’s driver’s seat while driving as if he was a substitute driver; and (c) cut the victim with one cell phone of 700,000 won at the market price, which is emblent to the left hand.

3. On May 10, 2015, around 05:00, the Defendant: (a) discovered that the victim I (the age of 31) was seated on the front of the junat-ro 40, Seo-gu, Seo-gu, Seo-gu, Gwangju, while under the influence of alcohol; (b) was a substitute driver for the purpose of thefting the victim’s property; and (c) did not discover any money and valuables by opening a door door to the ridge and the driver’s seat of the said vehicle; and (d) did not discover any money and valuables.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written statements prepared by C, G, and I;

1. Explanation of CCTV photographs and the application of the Acts and subordinate statutes of CCTV images;

1. Relevant Articles of the Criminal Act and Articles 329 and 342 of the Criminal Act concerning the crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] thief for general property.

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