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(영문) 창원지방법원 2017.06.14 2017고단515
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the “E” restaurant operated by the victim D in Changwon-si, Sungwon-si, Changwon-si, was a person who had worked as a part-time student, and was willing to steal the victim’s property by using the fact that the victim was going in the calculation room.

1. Larceny;

A. On October 2016, the Defendant committed a crime in the middle of October 2016, 2016, with a view to opening a bank located on the top of the front line for the calculation of the place where the surveillance of other people was neglected by using the gaps in the said restaurant calculation team, and thereby thefting 50,000 won in cash, which is the victim’s possession.

B. On November 15, 2016, the Defendant committed the crime committed at around 18:00 on November 15, 2016, at around 18:00, the 100,000 won check, which was the victim’s possession in the bank, was stolen.

(c)

On November 26, 2016, the Defendant: (a) committed a crime on November 26, 2016, at around 19:00, on November 26, 2016, the Defendant stolen KRW 20,000, which is the cash owned by the victim in the bank by the aforementioned method.

(d)

On December 14, 2016, the Defendant committed the crime, at around 19:00 on December 14, 2016, committed the crime, and at around 19:00 on December 14, 2016, the Defendant stolen KRW 50,000, which is the cash owned by the victim in the bank by the aforementioned method.

2. On January 16, 2017, at the above “E” restaurant around 18:10 on January 16, 2017, the Defendant: (a) had a bank on a half of the calculation unit as above as a toilet; and (b) took money owned by the victim in a bank.

Although it was attempted to steals, it was discovered that the victim who was the defendant, was aware of, and did not bring about such intent with the escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 329 (Larceny), 342, and 329 (Attempted Larceny) of the Criminal Act concerning the selection of punishment, and imprisonment with prison labor;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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