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(영문) 광주지방법원 2016.09.28 2016고단2213
절도등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Larceny;

A. On April 16, 2016, around 03:42, the Defendant: (a) opened a string door door, which was not set away by the victim C ( South, 41 years old) and cut off with a string door, which is equivalent to the market price of KRW 300,000, KRW 100, KRW 100, and the market price of which is unknown, and stolen it.

B. On April 16, 2016, around 04:15, the Defendant: (a) opened a new apartment in front of the 105-dong-ro 271, the 105-dong-ro, Gwangju Mine-ro, and opened a door-to-face that was parked by the victim E ( South, the 29-year old-old) and cut off with a black box box in the amount of KRW 150,000 in the market price, cash 50,000, and a physical card and loan document that are not known of the market price.

2. On April 16, 2016, the Defendant attempted to larceny: (a) entered the G-ro of Gwangju Mine on April 16, 2016, G-gu, Gwangju; (b) the victim H ( South and 44 years old); and (c) did not commit an attempted crime, resulting in theft of money and valuables by having stolen the knife knife of the knife.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (CCTV investigation and confirmation of the victim of the crime, specified as the suspect);

1. Seizure records;

1. Application of the Acts and subordinate statutes on vehicle photographs and CCTV photographs;

1. Relevant provisions of the Criminal Act concerning the crime, Article 329 of the Criminal Act regarding the choice of punishment (a point of intention), Articles 342 and 329 of the Criminal Act, and Article 329 of the Criminal Act concerning the selection of fines (a point of attempted larceny) and the selection of fines (a favorable circumstance of the following reasons for sentencing);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions stated in the records of the instant case, such as the following circumstances and the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

A extenuating circumstances: The defendant shall be suspended from the execution of larceny.

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