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(영문) 서울중앙지방법원 2016.04.14 2015고단7310

특수절도미수

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2015, at around 02:24, the Defendant, along with C, tried to steals by driving the Daba in front of the “E store” located in Guro-gu Seoul Metropolitan Government, with CIT 100 Oba, in which the market price of the victim F, could not be known, and C, with C, with the surrounding network, and Defendant C, with the network, deducted the keys attached to the above Orababababa, and concealed the keys adjacent pelbaba, around 04:24 on the same day, C tried to steal the above Orababa by driving the Hababa in front of the above Orababababa, and was not aware of the intent of the victim’s husband, but did not have attempted to commit it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Articles 342, 331 (2) and 331 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be considered);