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(영문) 춘천지방법원 강릉지원 2017.03.29 2017고단115
절도등
Text

A defendant shall be punished by imprisonment for six months.

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. From Apr. 2016 to Oct. 10 of the same year, the Defendant: (a) opened a string of the victim D’s house located in Pyeongtaek-gun, Gangwon-do; and (b) opened a string of the victim’s Epoter Ⅱ, parked therein, without correction of the victim’s Epoter Ⅱ; and (c) stolen with one copy of the No. Agricultural Cooperative Co., Ltd. (F) card owned by the victim.

2. On January 27, 2017, the Defendant committed each attempted theft: (a) around 16:34, at the street in front of the building of Gangseo-si G; (b) on the top of the building of Gangseo-si, the Defendant left the driver’s seat in order to steal money and valuables inside the front car owned by the victim H; (c) however, the Defendant was not able to do so due to the locking of the car; (d) on the other hand, the Defendant continued to park in the vicinity, left the vehicle with the driver’s seat knife in order to steal money and valuables inside the vehicle of the victim J, which was owned by the victim J., and continued to park in the vicinity. However, on the other hand, he did not go against the intent of the knife, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made against H and L;

1. Application of Acts and subordinate statutes on internal investigation reports (verification of credit cards in the name of D, attachment of cell phone image data, etc., D or J's telephone statement);

1. A thief in relation to the relevant Article of the Criminal Act and a judgment of choice of punishment: An attempted larceny in each judgment rendered under Article 329 of the Criminal Act: Articles 342 and 329 of the Criminal Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act by aggravation of concurrent crimes (an aggravated punishment for concurrent crimes with punishment prescribed in the judgment of the most severe crime committed);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The scope of the sentencing guidelines set forth in the sentencing guidelines, taking into account the reflection of the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, the family environment and support relationship of the accused, the occurrence of substantial damage, the frequency and contents of the same kind of power, etc. (a imprisonment).

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