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(영문) 창원지방법원 2018.10.19 2018고단2125

절도미수

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 29, 2018, around 23:25, the Defendant: (a) opened and opened a door of the said car in order to steal cash, etc. in front of the victim C-owned D-W, which was parked in the front of the Kimhae-si, at around 2018; (b) but (c) did not bring the said car door to an attempted attempt.

2. On June 29, 2018, around 23:26, the Defendant: (a) opened and opened a door of the said car in order to steal cash, etc. in front of the instant car owned by the victim FF, which was parked in the street in the city of Kimhae-si; (b) but (c) did not bring the said car door to an attempted attempt because the said car door was set off.

3. The Defendant: (a) opened and opened a door of the said car in order to steal cash, etc. in front of the instant car owned by the victim H when and at the same time and place as set forth in paragraph (2) above; (b) however, the said car door did not bring about an attempted attempt due to the locking of the intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, F, and C;

1. A criminal investigation report (CCTV perusal);

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning facts constituting an offense;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment was that the Defendant attempted to steal money, etc. inside a vehicle from many vehicles parked on a road at night, and the case is not less exceptionally.

In addition, the defendant has already been sentenced to punishment more than two times due to the same kind of crime under the same law, and the defendant has been released after completing the execution of the final sentence, and has committed the same crime within the period of repeated crime.

However, the defendant reflects his fault in depth.

Since the crime was committed in whole, the result of the crime is the result.