beta
(영문) 수원지방법원 안양지원 2019.05.31 2019고단792

특수절도미수

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 13, 2018, at around 03:49, the Defendant had been detained by special larceny to the Gwangju District Court on November 8, 2018, prior to AB of the operation of the Victim AA located in the Z in Silung-si. The Defendant reported the network, and the Defendant, by inserting the dracker prepared in the entrance door, damaged the correction device, and then reported the network to the nearby wife again, and the above B opened the entrance to bring the cell phone in the above AB, and went away with the Defendant at the wind where the emergency level of the guard company operated.

As a result, the defendant tried to steals the victim's property by destroying and impairing part of the door at night together with B, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of the police as to B;

1. A written statement;

1. On-site photographs of the case;

1. Application of video-related Acts and subordinate statutes to criminal suspects;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act appears to have been led to confessions and reflects by the defendant.

The monetary loss was not realized by attempted attempts.

However, in 2009, the defendant has been sentenced to imprisonment with prison labor due to special robbery, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In light of the method of crime, there is no good quality of crime.

The sentence shall be determined as ordered in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.