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(영문) 광주지방법원 2017.05.18 2017고단1304
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Majority Opinion] On August 26, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Gwangju District Court on March 1, 2017 and completed the execution of the said sentence.

[Criminal facts]

1. On March 22, 2017, the Defendant attempted to larceny: (a) around 02:36, the victim E, parked in the pel section of the D convenience store located in Sungsung-gun, South Sungsung-gun, attempted to open a F autonomous flag vehicle owned by the victim E; (b) but the door was not destroyed and thus, was not achieved; (c) the Defendant attempted to open the door of the vehicle over nine occasions as indicated in the list of crimes in the annexed sheet of crimes on the same day and steals the goods; (d) however, the sentence was not achieved, and was not committed, but was attempted to take such measures.

Accordingly, the defendant tried to steal the victims' property more than nine times.

2. A thief: (a) around March 22, 2017, the Defendant: (b) opened a stief course that was parked in front of the future 11-gil, Sungsung-gun, Sungsung-gun, Sungsung-gun, Seoul, by approaching the victim G’s Hschton owned by the victim G; and (c) held 4,720 won in the case of the victim’s possession.

Accordingly, the Defendant stolen the victim G property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made in relation to I, J, K, L, M, N, and G;

1. Each written statement ofO, E, and P;

1. Photographs of damaged vehicles;

1. Details of reports on internal investigation (registration of victims related to attempted larceny), reports on investigation (additional description of victims), and comprehensive details of each vehicle;

1. Investigation reports (Search CCTVs at parking lots in the office of a head-Eup), investigation reports (verification of CCTVs around the D convenience store and verification of additional crimes), and CCTV photographs of each field;

1. Investigation report (specific amount of damage to the recovery of damaged articles);

1. Previous relationship: Application of a reply to inquiry, such as criminal history, a report on investigation (the confirmation date of the date of release), and the Acts and subordinate statutes on personal confinement attached thereto;

1. Article 342 of the Criminal Act and Articles 342, 329 of the Criminal Act (the point of attempted larceny) concerning criminal facts, Article 329 of the Criminal Act (the point of attempted larceny), and Article 329 of the Criminal Act.

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