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(영문) 인천지방법원 2012.10.26 2012고단9846

절도미수

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 20, 2011, the Defendant was sentenced to eight months of imprisonment for larceny at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on January 4, 2012.

On June 12, 2012, around 15:50 on June 15, 2012, the Defendant: (a) in front of Gyeyang-gu Incheon Gyeyang-gu, the victim C, an alternative engineer, was suffering from the starting of the freight vehicle, which was parked by the victim C, for delivery of the alternative delivery, and had the window installed in the vehicle, and had the vehicle stolen the goods in question.

The Defendant, while opening the driver’s seat of the above vehicle and finding stolen objects while leaving a blurging vehicle, did not bring the victim who completed delivery of the blurging vehicle, but did not commit an attempted crime on the wind back to the burging vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each photograph;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Relevant Article 342 of the Criminal Act and Articles 342 and 329 of the Criminal Act, the choice of imprisonment with prison labor;

1. The reason for sentencing Article 35 of the Criminal Act: (a) the Defendant had a number of criminal records of the same kind; (b) committed a repeated crime without being aware of it during the period of repeated crime; and (c) received a summary order of KRW 700,000 on May 16, 2012; and (d) subsequently, choice of imprisonment for the instant crime

The crime of this case is a thief (a repeated crime of the same kind which does not correspond to a repeated crime) that is aggravated in the category 2 of the larceny crime, and the recommended sentencing guidelines for the defendant falls within 10 to 2 years from imprisonment, but the punishment is mitigated by taking account of the fact that the crime was committed in an attempted crime and has no damage.