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(영문) 창원지방법원 2017.11.08 2017고단2451
자동차수색
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

The defendant is between the victim C and the victim on February 2017.

On June 22, 2017, the Defendant: (a) around 01:45, the Defendant: (b) was parked in a BMW car owned by the injured party in front of the BMW car; (c) was searched by using a vehicle auxiliary key in his possession to open a door for the said car and read it into the vehicle and to view it inside the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to internal investigation reports (120 photographs by analyzing CCTVs in underground parking lots and capturing a course and one CD);

1. Article 321 of the Criminal Act concerning the crime;

1. Although the Defendant, on April 3, 2017, received a victim protective order that “No access within 100 meters from the victim’s residence shall be made by October 2, 2017” from the Changwon District Court, the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, is not suitable for committing the instant crime in violation of this order.

However, the Defendant recognized the instant crime, and did not have any criminal record except a fine of KRW 500,000,000 for a 1993 crime, and returned the automobile auxiliary key used for the crime to the victim.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances in the records and arguments, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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