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(영문) 의정부지방법원 2013.09.05 2012고단2761

특수절도미수

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 12, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for night building intrusion larceny at Seoul Northern District Court on April 12, 2013, and the said judgment became final and conclusive on April 20, 2013.

On December 20, 201, the Defendant, along with C on December 20, 201, at the “F” restaurant operated by the victim E located in the Gu Government-si, and the victim and the employees of the above restaurant leave all the cafeteria, and the above C reported the network outside the restaurant, and the Defendant, upon intrusion into the restaurant through the window not corrected, abandoned the property theft on the wind that the unmanned alarm device installed in the above restaurant is operated while the Defendant went back to the restaurant.

Accordingly, the defendant, together with C, tried to steal property by intrusioning on the cafeteria of the victim.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. A E-document;

1. Data on each field photograph;

1. Previous convictions in judgment: Criminal records and court rulings (Seoul Northern District Court Decision 2012 Height920) shall apply to statutes;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act to treat concurrent crimes (any night building, structure intrusion and larceny for which the crime and judgment have become final and conclusive);