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(영문) 광주지방법원 2017.03.23 2016고단2267
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On January 10, 2016, around 05:03, the Defendant opened a driver’s seat in the front side of the Seo-gu in Gwangju-gu, Gwangju-gu, which was parked, without correcting these vehicles, and stolen the vehicle with cash of 3,60,000 won owned by the victim and KRW 3,000,000,000,000,000,000 owned by the victim (hereinafter referred to as “282”). On June 1, 2016, the Defendant: (a) around 04:15, 2016, on the front side of the Seo-gu Officetel in Gwangju-gu, Gwangju-gu, the Defendant considered the victim’s k7 passenger vehicles parked in the front side of the Gu; (b) on the other hand, the Defendant failed to comply with such intent; (c) on the other hand, the Defendant did not have attempted to steal the vehicle; and (d) on the other hand, considered the victim’s 261st hand within G 26.

1. Statement by the defendant in court;

1. Written statements of D, F and G;

1. Application of statutes on field CCTV photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of Section 329 of the Criminal Act), Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and observation, and to take full account of the following factors within the scope of four months to one year and six months of imprisonment, which are the recommended sentences on the sentencing guidelines for the sentencing reasons of Article 62-2 of the Social Service Order Act, and to determine the sentence as ordered, taking into account the following factors: Defendant’s age, sex, family environment, motive and means of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances that are favorable to the defendant's criminal records for the same kind of crime: The defendant recognizes all of the crimes and reflects it; some of the larceny crimes are attempted; the amount of damage is small and agreed with the victim.

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