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(영문) 대전지방법원 2019.01.15 2018고단3265

절도미수

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 19, 2018, the Defendant was sentenced to a suspended sentence of four months for an attempted larceny by the Daejeon District Court on April 19, 2018, and the judgment became final and conclusive on April 27, 2018, and is currently under the suspended sentence.

【Criminal Facts】

At around 02:50 on September 11, 2018, the Defendant: (a) opened the door of the vehicle and attempted to steal the daily necessities in Daejeon Dong-gu, Daejeon; (b) opened the door of the vehicle; (c) obstructed the Defendant’s vehicle owned by the Victim C; (d) Flauning cars owned by the Victim E; (d) Flauning cars owned by the Victim G; (d) Haststun cars owned by the Victim G; and (e) JJ-Pacific car owned by the Victim I (State). However, the Defendant did not commit an attempted act without having the door set up the door on the wind.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of damage;

1. A statement of damage from E;

1. Each damaged vehicle and owner (each driver's license register in D, J, H, F and G, and E);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the crime;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. Grounds for aggravation of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders: The defendant of the same re-offending of the same type of crime in the period of suspended sentence, around 03:0 on June 18, 2016, left the door of ten vehicles, such as NN, etc. owned by the victim M that was parked in order to steal money and valuables on the street in the Dong-gu, Daejeon Special Metropolitan City.

During that period, the Defendant opened a driver's seat in the victim M, and brought one test colorer in the vehicle into his hand and stolen it.

On July 19, 2016, around 03:30, the Defendant: (a) stolen money stored in the vehicle in front of the New Heung Culture Park in Daejeon-ro 265, Daejeon-dong, Daejeon; (b) considered that he stolen money stored in the vehicle parked there; (c) considered him as a victim’s P, P, Abdon X-D car, which is owned by the victim’sO, the Defendant, but the Defendant was able to do so.