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(영문) 대전지방법원 홍성지원 2018.08.07 2018고단125

특수절도미수

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[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2, 2017, Defendant B’s sole crime (offtime theft of intrusion on structure at night) committed a theft with KRW 5,600,000,00 in cash owned by the victim, who intruded into the game site through the left window of the entrance, at around 02:46 on June 2, 2017, at the head of the E-game of the victim’s second floor located in the Hongnam-gun Building D’s building 2nd.

2. The Defendants’ joint crimes (special larceny) committed on June 14, 2017 at around 03:36, 2017, destroyed the correction device of the entrance door installed by the Defendant A from the G Game site in the F Building of the F Building in Chungcheongnam-gun Hong-gun, Hongnam-gun, and caused the damage to the said G Games site in which the said victim was located, and Defendant B opened a door with the entrance installed, and removed the cash that was entered into the game site, and did not find any key to the paper-to-face exchange, but did not lead to the failure to find any key to the paper-to-face exchange.

As a result, the defendants tried to steals property, but did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to D;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Articles 342, 331(2), and 331(1) (a) of the Criminal Act (the attempted special larceny) Defendant B: Article 330 of the Criminal Act (the crime of larceny at night), Articles 342, 331(2), and 331(1) of the Criminal Act (the crime of larceny at night);

1. Aggravated concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. In full view of the circumstances under the grounds for sentencing under Article 62-2 of the Criminal Act, the conditions of all the sentencing recorded in the records, such as the Defendants’ age, sex, environment, the circumstances before and after the instant crime, and the circumstances before and after the instant crime, etc., the sentence as ordered shall be determined.

1. Defendant A’s unfavorable circumstances: The Defendant, together with B, destroyed the correction device that was prepared in advance at night, and attempted to steal the victim’s property by intrusion into the game room.