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(영문) 광주지방법원 2018.02.01 2017고단4479

특수절도미수교사

Text

Defendant

A shall be punished by imprisonment for six months.

However, the above sentence against Defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants, around 19:00 on February 21, 2017, on the grounds that at the same parking lot of 204, Defendant A lent KRW 1.50,000 to Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (1.

".......... Defendant B may be entrusted to the pawned Hall where he / she brings money into money."

“E” shall mean that E shall carry precious metals at its home, and at the same time, have been in the same place.

F entered the E House along with E, and caused F to commit theft by holding precious metals.

F and E, according to the Defendants’ teachers, entered the said apartment house No. 204 1301, a house of E on the same day, together with the said apartment house, was followed by sulpule to search for precious metal owned by the victim G in the inside room, but did not intend to discover precious metal because it was impossible to do so.

Accordingly, the Defendants instigated F and E to steal precious metal owned by the victim, but F and E were not stolen from precious metal.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Protocols concerning the interrogation of some police officers regarding E;

1. Investigation report (related to telephone communications with the mother of a victim E);

1. Application of Acts and subordinate statutes to a copy of the Stockholm language written by the victim:

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 342, 331(2) and (1), and 31(1) of the Criminal Act

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A to observe the protection: Article 62-2 of the Criminal Act;

1. Defendant B of suspended sentence: Reasons for sentencing under Article 59 (1) of the Criminal Act (six months of imprisonment with prison labor);

1. In light of the motive and circumstances of Defendant A’s crime, the liability for the crime is not provided to him. However, there is no substantial damage due to the attempted crime, and the victim is also punished.