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(영문) 창원지방법원 2019.05.29 2019고단1098
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On May 9, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny in the Busan District Court on May 9, 2018 and completed the execution of the sentence in the Busan Correctional Institution on November 30 of the same year.

【Criminal Facts】

1. From March 25, 2019 to April 25, 2019, the Defendant: (a) committed theft with the total of KRW 643,000,000, in cash owned by the victims, for four occasions during the period from March 25, 2019 to April 1, 2019, the Defendant: (b) opened a vehicle door of the victim C, which was parked at that place; (c) opened it; and (d) opened the vehicle door on the back of the driver’s seat in the vehicle; and (d) opened the vehicle inside and left the vehicle; and (e) cut the vehicle on four occasions, as indicated in the List of Crimes (1).

2. On March 25, 2019, the Defendant attempted to larceny: (a) around 02:22, the Defendant left the vehicle door of the said vehicle for the purpose of stealing money and valuables inside the GF owned by the victim F, who was parked therein; (b) on March 25, 2019; (c) on March 25, 2019 from around 02:22 to 02:25 on the same day, the Defendant left the vehicle door of the said vehicle for the purpose of stealing money and valuables inside the vehicle owned by the victims, but the vehicle door was not carried out and attempted without reaching that intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements in C, F, H, I, J, K, L, M, and N;

1. Investigative report (to hear statements from victims related to attempted B thief);

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same criminal records, and reporting on confirmation of repeated crimes) and Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the following circumstances and the defendant are the reasons for sentencing in the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.

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