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(영문) 부산지방법원 동부지원 2016.09.19 2016고단1245
절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 25, 2016, the Defendant attempted to larceny, using a cresh in around the road in front of Busan metropolitan City, Busan metropolitan traffic Daegu, thereby approaching the E- which the victim D parked in order to steals money and goods inside the vehicle by means of a cresh in front of Busan metropolitan traffic Daegu, thereby opening a gate that was not corrected by the said vehicle and printing the stolen object, but without any things stored in the place, and thus making it impossible to realize the intent.

2. On July 25, 2016, at around 01:12, the Defendant: (a) accessed the vehicle’s money and valuables on the front side of the Busan Shipping Daegu in order to steals the money and valuables on the road; (b) opened a driver’s seat without correction of the said vehicle by approaching the H seat parked by the victim G; and (c) 4 weeks of 100 won of the issuance of the Bank of Korea, which was kept in custody, of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to the police with regard to D or I;

1. Photographs of damaged articles;

1. Application of Acts and subordinate statutes concerning visual images of field CCTVs;

1. Relevant Article 329 of the Criminal Act and Articles 329 of the choice of criminal punishment (abstinence point, choice of imprisonment), Articles 329 and 342 of the Criminal Act (abstinence point and choice of imprisonment) concerning criminal facts;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are many criminal offenders, and each of the crimes of this case is committed immediately after the date when the immediately preceding judgment becomes final and conclusive, even though the period of suspension of execution is under suspension of execution, and the applicable law of the crime is very serious in light of the same fact as the previous crimes.

However, the punishment as ordered shall be determined in consideration of all the normal materials revealed in the trial process, such as the fact that the defendant is led to a confession and not to reach recidivism, the amount of damage is minor, the age, occupation, and criminal punishment of the defendant, etc.

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