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(영문) 서울북부지방법원 2020.07.24 2020고단1977

특수절도미수등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on March 22, 2020, the Defendant, in order to steal the property located within the bood exchange system, located in the Seoul Central Franc-gu, Seoul, with a deadly weapon (total length, 34 cm, knob 29 cm) that had been prepared in advance, did not destroy and damage the bood exchange system with a deadly weapon (total length, 34 cm, knob knob 29 cm), and did not commit a theft of cash located therein, but did not constitute a wind that could not be opened with locks.

As a result, the Defendant carried a deadly weapon, thereby damaging the repair cost, which is owned by the victim, and attempted to steal the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs, etc. of paper paper exchangeers;

1. Application of Acts and subordinate statutes to investigation reports (victim D telephone conversations), investigation reports (examination as to whether any seized deadly weapons have been seized);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 342, 331(2) and (1) (the occupation of attempted special larceny) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act (the occupation of destroying and damaging special objects, and the choice of imprisonment);

1. Mitigation of attempted larceny under Articles 25(2) and 55(1)3 of the Criminal Act (as to attempted special larceny in the market)

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Punishment) thief (Special thief) thief (Type 2) thief (Special thief) thief) thief for general property: In cases of carrying a deadly weapon: In cases of carrying a deadly weapon (the area of recommendation and the scope of recommendation), the basic area of imprisonment with prison labor for up to one year and six months;

(b) Crimes No. 2 (Special Destruction and Damage of Articles) (Determination of Punishment) (Special Destruction and Damage) [Type 1] Cumulative Offense and Special Destruction and Damage [Special Destruction and Damage]: Reduction elements of Punishment Non-Mitigation (Special Aggravation of Punishment): Reduction Area of Punishment [Recommendation Area and Recommendation range] Reduction Area, Imprisonment with labor for one month to eight months;

(c) Standards for handling multiple crimes shall be met;