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(영문) 서울중앙지방법원 2013.06.20 2013고단2593
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 20:00 on May 13, 2013, the Defendant: (a) around 20:0, in front of Seongbuk-gu Seoul Metropolitan Government C Apartment 102, the victim D installed a truck of 1 ton of E and used the gap between the household deliveryr, and (b) the victim’s scar in the vehicle stolen the vehicle with one cell phone.

2. At around 18:20 on May 14, 2013, the Defendant: (a) discovered that the door of the driver’s seat of the HA car owned by the victim G parkeded in Seongbuk-gu Seoul F apartment 111-dong and the second underground floor parking lot; (b) opened the driver’s seat and opened the container, and tried to steals the property of the victim; (c) but (d) failed to commit an attempted theft.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to the site and seized articles;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense: Articles 342 and 329 of the Criminal Act;

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Paragraph (1) of the criminal facts of the range of recommending punishment based on the sentencing guidelines [decision of types] thief, theft for general property, second [the scope of recommending punishment] / [the scope of recommending punishment] / [decision of types] thief, theft for general property / [the scope of recommending punishment] 2 types / [the scope of recommending punishment] / imprisonment with prison labor of April to October 10 (the scope of recommending punishment] 4 months - 1 year and 3 months (the scope of sentencing under paragraph (1) of the criminal facts as basic crimes and adding one/2 of the maximum scope of sentence for paragraph (2) of the criminal facts): Suspension of execution - Major illegal grounds - Major deadly weapons - the main pride.

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