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(영문) 대구지방법원 2020.12.17 2019고단1474

절도미수등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【Criminal Power】 On November 12, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for special intimidation, etc. at the Daegu District Court on September 20, 2018, and completed the execution of the sentence in the third prison of the North North Korean defectors.

On February 20, 2019, at around 09:16, the Defendant discovered and cut the pipes of air conditioners owned by C, the victim C at the Daegu Suwon-gu BBD parking lot on February 20, 2019, and attempted to commit a theft. However, the Defendant did not commit an attempted crime on the wind discovered by the victim's wife D.

around 16:09 on December 27, 2018, the Defendant collected each item (a 90cc, 5.5cc, 2.5cc, 2.5cm, 2.5cm in thickness) on the floor in front of the neighboring parking lot in Daegu-gu E-gu, Daegu-gu, and collected each item (a 90cc, 5.5cm, 2.5cm in thickness) on the ground that the said part is bad. On the other hand, the Defendant cut up two parts of the 1 K5th unit of the IK car owned by the victim H, which continued to be parked next to the said part, on two occasions.

After all, the Defendant carried dangerous articles as above and destroyed the above Abode, K5, and the franchise car, which are the property of others, to make the amount of repair cost.

Summary of Evidence

"2019 Highest 1474"

1. Police suspect interrogation protocol of the accused;

1. A written investigation report (on-site CCTV images attached) of C: "2019 Highest 1629";

1. Investigation report of each written statement of the police interrogation protocol F, H and J against the accused (Listening to the statement of a shote), photograph;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes (verifications related to release from prison);

1. Relevant Articles 342 and 329 of the Criminal Act concerning the crime, Articles 369 (1) and 366 of the Criminal Act, and the choice of imprisonment with prison labor concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.