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(영문) 춘천지방법원 2015.05.07 2014고단936
절도
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant, “2014 Highest 936, the Defendant, without a certain occupation, tried to steal the money and valuables kept in his/her custody, in color, among vehicles parked on the road that fall short of the travel cost and living expenses.

Accordingly, at around 18:00 on August 13, 2014 to around 07:30 on August 14, 2014, the Defendant: (a) discovered Fpoter freight vehicles owned by the victim E, which were parked on the road; (b) opened a door-to-face of the said cargo vehicle that was not locked by using any crepans around the road; and (c) laid down the door-to-face of the said cargo vehicle that was in custody of the driver’s seat; and (d) cut down the cash of KRW 50,00 on KRW 10,00 and KRW 32,000 on KRW 820,00 on the part of the victim.

around 02:30 on October 1, 2014, the Defendant: (a) opened a driver’s seat in front of the extreme apartment 103 parking lots located in Chuncheon-si, Gyeongcheon-si; and (b) cut off 120,000 won cashier’s checks (total KRW 1.2 million), which are owned by the victim in G, parked at the same place, with no correction of any liquid car by the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to written E;

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

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 (The following favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is the first crime [the scope of recommendations] for the punishment of punishment of Article 62-2 of the Criminal Act, and the second type (general larceny) for general property, and the mitigation area (4 to 10 months) for the mitigation area (special larceny), [the scope of recommendations] for the second type of living crimes [the scope of recommendations] for general property, and the mitigation area (4 to 10 months) for the second type (general larceny) (the special mitigation area) for the general property.

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