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(영문) 대전지방법원 2018.02.14 2016고단3438
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 5, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at Seoul Southern District Court on Seoul Southern District Court on November 5, 2014, and on August 14, 2015, the Defendant was specially pardoned in Seoul Southern District Court on August 14, 2015 and completed the execution of the sentence on November 1, 2015.

Criminal facts

1. Larceny;

A. On August 30, 2016, around 00:50, the Defendant: (a) opened a driver’s seat of a DNA car owned by the victim C parked in the vicinity of the Jung-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City; and (b) went to the victim’s wall keeping in the container in the container rash, and stolen KRW 1,200,000 in cash, from the victim’s wall keeping in the container rash.

B. On September 29, 2016, around 02:40 on September 29, 2016, the Defendant opened a door to the driver’s seat of the FF vehicle owned by the victim E parked in the vicinity of the Jung-gu Daejeon, Daejeon, and went into the door, and stolen a tobacco amounting to KRW 4,500, the market price of the victim’s possession.

2. Attempted larceny;

A. On August 20, 2016, around 01:00, the Defendant opened a driver’s seat of the JA owned by the victim I and found stolen objects in front of the H located in Daejeon-gu, Daejeon-gu, Daejeon-gu, and did not commit an attempted crime but did not know the victim’s intention.

B. On October 7, 2016, the Defendant left the door by hand in order to steals goods located in LMW520D car owned by the victim K, which were parked in the 78 Dom 1404 and YW520D Domp in front of the Yellow-gu, Daejeon, Daejeon, Daejeon, about 01:36, the Defendant did not perform an attempted act because of the lack of the tea.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to K in the police statement;

1. Each written statement of I, C, and E;

1. A report on investigation;

1. 112 Reporting case handling table;

1. On-site and CCTV photographs;

1. Previous records of judgment: Application of the results of inquiry, such as criminal history, report on investigation (report attached to the same type of judgment, etc.), text of judgment, etc., report on investigation (power of repeated crime), and current status of confinement of individuals;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act of the choice of punishment for the crime (the point of intention) and each of the Criminal Act.

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