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(영문) 대전지방법원 천안지원 2018.04.06 2018고단12
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 of the final judgment.

Reasons

Punishment of the crime

On September 1, 2017, at around 01:30 around 01:0, the Defendant: (a) cut off 183, the number of northwest-si, Asan City; and (b) at the 102-dong underground parking lot, the Defendant: (c) cut off the Victim B’s car door and entered into the vehicle without correcting the vehicle door; and (d) brought about a mad-ray 1 cigarette with the victim’s market price in an amount of KRW 45,000,000 in cash, from November 15, 2016 to September 12, 2017, the Defendant did not have attempted to commit any theft or attempted to commit such theft over the aggregate of KRW 9,485,00 on 15 occasions in total, as indicated in the list of crimes committed in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and each written statement;

1. Application of seizure records and list statutes;

1. Article 329 of the Criminal Act (a point of intention, choice of imprisonment), Articles 342 and 329 of the Criminal Act (a point of attempted larceny, and choice of imprisonment) applicable to the crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Each larceny (basic crime and concurrent crime) [Determination of types] thief on general property, theft against general property, and no person who is in charge of special sentencing [the scope of recommending punishment] / The basic area of punishment, imprisonment with prison labor for not less than six months, but not more than one year and six months;

B. Sentencing is not applicable as it is an attempted crime of larceny.

(c)

At least six months of imprisonment with prison labor for the scope of recommended punishment according to the standards for handling multiple crimes (the crime for which the sentencing criteria are set and the crime for which no sentencing guidelines are set are concurrent crimes in the former part of Article 37 of the Criminal Act, so the lower limit of the scope of sentence according to the sentencing criteria for the crime for which

2. The Defendant, who has repeatedly committed a larceny over about ten months, and the victim thereby led to 15 persons.

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