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(영문) 서울북부지방법원 2016.4.28.선고 2016고단838 판결

절도미수

Cases

2016 Highest 838 thief

Defendant

A person shall be appointed.

Prosecutor

OO (prosecutions) andOO (Public trial)

Defense Counsel

Attorney ○○○ (Non Line)

Imposition of Judgment

April 28, 2016

Text

A defendant shall be punished by imprisonment for not less than three months.

No. 5 (Hands, etc.) shall be forfeited from the defendant.

Reasons

Criminal History Office

On May 1, 2015, the Defendant was sentenced to 10 months in Seoul East Eastern District Court due to night building intrusion, larceny, etc. and completed the execution of the sentence on January 14, 2016.

On March 10, 2016: (a) around 30: around 30, the Defendant: (b) thought that property located in a passenger car will be stolen on the front side of the Dongdaemun-gu Seoul Metropolitan Government ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○,

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. Statement of seizure and evidence No. 5 (Hands, etc.);

Application of Statutes

1. Article applicable to criminal facts;

Articles 342 and 329 (Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Confiscation;

The reason for sentencing under Article 48 (1) 1 of the Criminal Code is that the defendant is the time of and reflects on the crime, and that the crime is the attempted crime and is the state of repeated crime of the same kind.

Judges

Judges Habcheon-cheon