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(영문) 수원지방법원 2017.05.23 2017고단1846
절도등
Text

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

Evidence No. 1, 10, 11, and 12 seized by the defendant shall be confiscated.

Reasons

Criminal facts

[2] On June 25, 2012, the Defendant was sentenced to imprisonment with prison labor for six months from the night room room intrusion larceny, and the judgment became final and conclusive on July 3, 2012. On December 26, 2013, the Daejeon District Court sentenced to six months of imprisonment with prison labor for attempted larceny, etc., and the said judgment became final and conclusive on April 11, 2014, and on March 31, 2016, the said suspension of execution was invalidated. The Defendant was sentenced to six months of imprisonment with prison labor for attempted larceny, etc. by the Incheon District Court, and completed the execution of each sentence in the Incheon District Court on April 23, 2016.

[2] On March 10, 2017, the Defendant discovered that “A” restaurant parking lot located in Osan City around 23:06, the victim D parked and opened a driver’s seat and attempted to commit a theft of KRW 358,00 in total or KRW 1.20,000,000, including the sum of KRW 1.20,000,000,000,000,000,000 from January 18, 2017 to March 11, 2017, the Defendant attempted to commit a theft of property as stated in the crime list in the separate sheet, including the sum of KRW 1.58,00,000,000,000,000,000,000 from January 18, 2017 to March 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D, F, G, H, I, J, K, L and M;

1. Scenes of each on-site photograph, CCTV on the scene of a crime, photographs of tracking, photographs of arrest site, etc.;

1. A protocol of seizure and a list of seizure;

1. Investigation report (investigation of victim D's damaged goods);

1. Previous convictions: Application of Acts and subordinate statutes concerning personal confinement, such as inquiries about criminal history, investigation reports (Attachment of the previous decisions attached thereto), and sentence of judgment;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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