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(영문) 창원지방법원 마산지원 2018.08.29 2018고단647
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A thief who was parked there on the road near the D hospital located in Simsan-gu, Changwon-si around May 3, 2018, around 22:30, at around 22:30

Recognizing that the door of the E Launa vehicle is not locked, opening a door, and opening the door, and cutting off with only one S3 mobile phone in Samsung Gallon, which is equivalent to KRW 800,000 at the market price owned by the victim F, and around that time, from around that time to June 12, 2018, the 1,205,00 won in cash and KRW 2,465,00 in total over seven occasions, as shown in the list of crimes in attached Table, were stolen.

2. On June 19, 2018, the Defendant attempted to steals the vehicle at H parking lots located in Changwon-si G in Changwon-si, Changwon-si, a member of Changwon-si, by discovering that the door of the vehicle is not locked, and by opening a steering door and opening the object. However, the Defendant did not have to carry any object and thus, failed to achieve the purport.

Accordingly, the defendant attempted to steal the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Each statement in the preparation of I, L, M, N,O, P, and F;

1. A report on investigation, report on internal investigation, report on occurrence, and report on results of field identification;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act, Articles 329 (Taking place in Section), 342 and 329 (Taking place of larceny) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. The defendant has the same record of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and there are no considerable number of times to commit the instant crime.

However, considering the fact that one's mistake is recognized and reflected, it is agreed with victim FF, L, K, N, and I, there is no record of the same or serious crime since 2005, the execution of punishment is suspended by taking into account the defendant's age, the details and contents of the crime, but it is possible to repeat the crime in light of the repetition of the crime.

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