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(영문) 수원지방법원 2015.07.15 2015고단2174
절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. A thief: (a) around 03:00 on April 29, 2015, the Defendant stolen the sum of KRW 104,000,000 in total four times in total, including the following four times from April 29, 2015 to May 6, 2015, where the Defendant: (b) within the “Ethical Director” of the Victim D’s Operation D (EAC); (c) the vehicle and the stief’s key in the stief machine installed therein; and (d) the vehicle and the stief’s key in the stief’s key.

2. Attempted larceny;

A. At around 01:00 on May 2, 2015, the Defendant intended to steal a coffee set up in the same manner as Paragraph 1 before “Hma” operated by the victim G located in Seongdong-gu Seoul Metropolitan Government F, but failed to bring about an attempted attempt due to the lack of a board.

B. On May 2, 2015, around 02:00, the Defendant attempted to steal the cater’s set up in Seongdong-gu Seoul Metropolitan Government J on the part of the victim J, which was operated by Seongdong-gu Seoul Metropolitan Government I, in the same manner as Paragraph 1, but did not bring about an attempted crime because the cater did not open.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of D police statement;

1. Written statements of D, G, J, L and M;

1. All on-site photographs and CCTV photographs;

1. Application of Acts and subordinate statutes to each investigation report (to the counter investigation ofCCTV, to the investigation of the scene of the crime, and to the self-reader, and to the investigation into the crime committed

1. Relevant Articles 329, 342, and 329 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the probation and community service order [the scope of recommending punishment] The mitigated area (one to six months) of the mitigated area (one to six months) of general property shall be mitigated.

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