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(영문) 부산지방법원 서부지원 2020.05.07 2019고단2524

절도미수

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 21, 2019, the Defendant, at around 14:00 on October 21, 2019, tried to steals the victim’s “Dicic book” operated by the victim C, which was operated by the Plaintiff C, with the difficulty in monitoring the victim, to steal the victim’s right to work at work equivalent to KRW 32,00,000 at the market price, but was discovered and attempted by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes concerning a CCTV image closure photograph;

1. Relevant provisions of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had already been punished several times for the same kind of crime (including imprisonment with prison labor), but he/she again committed the instant crime, and that he/she did not agree with the victim, etc. are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized and reflected the crime, the amount of damage caused by the crime of this case is small, and the damaged goods have been returned to the victim due to the attempted crime, and the defendant suffers from the early illness, and the health conditions are not good.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and circumstance of the defendant, etc., shall be determined as per the disposition.