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(영문) 수원지방법원 여주지원 2015.05.11 2015고단163
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At the D public bath located in Ischeon-si C, the Defendant tried to steal the key of the object box kept by female visitors in the public bath room.

1. On January 1, 2015, between 09:00 and 10:00, the Defendant: (a) took the key of the victim E in the said hot spring in a bath room by inserting the key of the object in the bath bed; (b) taking the key into the bath bed; and (c) taking the key of the object in the bed room by taking advantage of the gap in which the victim E takes a bath; and (d) taking nine cubphones equivalent to KRW 54,00 of the market value of the victim’s possession, which was kept in the said room, was stolen.

In addition, the Defendant stolen the total amount of KRW 1,244,00 from that to February 16, 2015, as indicated in the attached list of crimes.

2. At around 10:30 on February 18, 2015, the Defendant attempted to steal the victim’s property owned by the victim, which had been kept in custody, by inserting the key of the object in a public bath room where the victim F puts the key of the object into the public bath room and takes the key of the object at the same place as indicated in paragraph (1), and by taking advantage of the gaps in which the victim F takes a bath, and thereby taking the key of the object in the public bath room, and subsequently, attempted to steal the property owned by the victim. However, the Defendant did not commit an attempted crime because he was aware of the victim’s key to the object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of G, H, I, and J;

1. On-site photographs of each case;

1. Application of the investigation report (to counter investigation, such as D CCTV video recording images, D Employees K, and to investigation into DNA coophones held by the suspect);

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment, respectively, concerning the crime;

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;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [the scope of recommending punishment] general property.

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