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(영문) 광주지방법원 목포지원 2014.08.07 2014고단735
절도등
Text

A defendant shall be punished by imprisonment for six 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

1. On February 28, 2014, from around 11:15 to 11:45 on the same day, the Defendant: (a) driven a car with a low color of 25 million won in the market price owned by the victim, which is placed under a locking parking by sticking the keys of the vehicle without any corrective device by the victim B, at a 70-ro sprinked sprinked from sprinked sponsed 1:5 to 11:45 on the same day; and (b) drive a car with a vehicle of KRW 25 million in the market price owned by the victim.

2. The Defendant attempted to commit a theft with the intent to bring money from the victim by having the victim returned a stolen low-speed car as above.

On February 28, 2014, around 13:27, the Defendant called, “If the Defendant wishes to find a vehicle or to find a vehicle, 2 million won will be sent to the taxi engineer, and if the Defendant reported to the police, she will leave the vehicle.”

As above, the Defendant, by threatening the victim, intended to receive KRW 2 million from the food victim, but did not perform the emergency arrest to the police officer of the inshore Police Station, who was temporarily diving at one place in return for money, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with regard to B and D;

1. Application of the Acts and subordinate statutes concerning the investigation report (Attachment of photographs);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and Articles 352 and 350 of the Criminal Act (the point of attempted crime and the choice of imprisonment);

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 (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Determination of types of larceny: Larceny in general property;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. The criteria for handling multiple crimes: The sentencing criteria is not set for attempted crimes;

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