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(영문) 서울남부지방법원 2018.05.18 2017고단5689

특수절도미수등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. At night, around 02:20 on March 31, 2017, the Defendant: (a) went into the “D Mart” operated by the victim C in Geumcheon-gu Seoul Metropolitan Government; (b) and (c) was stolen by putting in a mat, which was installed in front of the mat in order to steal an article by entering the said mat and into the mat and is displayed on the mat in the lag, by intrusion into the mat; and (d) the market price of the 506,000 won or more, such as raw water, was prepared in advance for foodstuffs.

2. A thief: (a) around March 31, 2017, at Geumcheon-gu Seoul Metropolitan Government, the Defendant stolen the stolen articles, such as those described in paragraph (1), with one hand, where the market price of the victim F owned by the Defendant cannot be known, while he/she had his/her house, to load them and move them.

3. On July 27, 2017, the Defendant: (a) around 02:25, the victim C, operated by Geumcheon-gu Seoul Metropolitan Government, was committing an attempted theft. Around July 27, 2017, the Defendant entered the said marina, and was in possession of an article in order to steals the article, thereby damaging and destroying the external tent of the market price of KRW 300,000 in a knife-knife, and intrudeing into the marina, and displaying it at the same time, the Defendant attempted to steal the article in excess of KRW 354,20,00 in total market price of beverages, such as drinking water, and failed to commit a attempted theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of C and F;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (the point of larceny at night), Article 329 of the Criminal Act (the purpose of Section 329), Articles 342 and 331 (1) of the Criminal Act (the point of attempted larceny) concerning criminal facts;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The defendant's reasons for sentencing in Article 62-2 of the Criminal Code for the observation of protection and observation do not have the same criminal record and damage.