beta
(영문) 대전지방법원 홍성지원 2016.08.23 2016고단320

특수절도미수

Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 23, 2016, around 00:50 on April 23, 2016, the Defendant: (a) brought in front of the cover of building materials located in Chungcheongnam-nam Budget Group D, which was managed by the Victim C; (b) brought in front of the cover of building materials located in the cover of the cover; and (c) went into the cover of the gate and damaged the hacks, which were corrected in the cover of the cover of the hump; and (d) went into the cover of the hump; and (d) tried to take the construction materials, such as the market price of the victim’s possession, carried the hump, etc. into the cover of the hump, and was

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

1. Articles 342 and 331 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing guidelines do not apply to offenses for which sentencing is not based on Article 62-2 of the Criminal Act for the observation of protection and observation.

The following conditions and conditions of all the sentencing recorded in the records, such as the defendant's age, sex, environment, circumstances before and after the crime of this case, and the details of the crime, shall be determined as ordered.

3. Unfavorable circumstances: The defendant committed the crime of this case in the same kind and committed the crime of this case again for two years after the last punishment (4 million won). The defendant planned the crime of this case in advance and planned the crime at night, and damaged the structure and intrudes it at night: the crime of this case is deemed bad that the crime of this case is committed; the confession and reflect of the crime of this case; the defendant did not cause substantial damage; the defendant agreed with the victim; the defendant suffered from a crupty, etc.; the detention of the defendant was difficult to grasp the state of detention; the detention of the defendant is likely to result in a harsh result in the livelihood of the 9 years old parent and the 3th old child.