beta
(영문) 서울중앙지방법원 2020.12.18 2020고단5338

절도미수등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[200 Highest 5338] around 03:08 on July 25, 2020, the Defendant: (a) opened a door that was parked in the parking lot B in Gwanak-gu, Seoul Special Metropolitan City for the purpose of theft; and (b) tried to steal the cash in the vehicle using hand poles, etc. prepared in advance after entering the vehicle; (c) however, the Defendant did not have been aware of the fact that it was sent to the witness and attempted to do so.

[Judgment of the court below]

1. On June 23, 2020, the Defendant: (a) opened a driver’s seat door in front of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, which is parked by the victim E; and (b) stolen the 5,000 won of cash.

2. On July 22, 2020, the Defendant: (a) opened a front door that was not corrected by the victim H on the parking lot outside the building outside Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, with the victim H opened; and (b) attempted to steal money and valuables in the vehicle with the victim H, but did not carry out such intent as there was no cash.

3. On July 22, 2020, around 17:29, the Defendant entered into the parking lot in Gwanak-gu, Seoul Special Metropolitan City for the purpose of theft of cash in the victim K-learning vehicle located therein. On the other hand, the Defendant continued to open the door of the above vehicle owned by the victim who was parked in the above parking lot and enter the door to commit a theft of money and valuables in the vehicle. However, the Defendant did not go against the intent of the vehicle’s door and attempted to do so.

4. On July 22, 2020, the Defendant: (a) opened a driver’s seat, which was parked in front of Gwanak-gu Seoul Special Metropolitan City, in order to prevent any correction of the P Poter vehicles owned by the victim N; and (b) cut down and stolen the 40,000 won in cash.

Summary of Evidence

[200 Highest 5338]

1. The CCTV image of the Defendant’s legal statement C [20 highest 5671] The Defendant’s legal statement;

1. E.