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(영문) 대구지방법원 2020.09.23 2020고단4135

절도미수

Text

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

Reasons

Punishment of the crime

【Criminal Power】 On January 25, 2019, the Defendant was sentenced to four months of imprisonment for the crime of assault at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention House on March 20, 2019.

【Criminal Facts of Crimes】 On March 19, 2020, the Defendant: (a) discovered and did not correct a victim’s car that was parked on the street near “AK,” located in the Daegu-gu AJ on the street; (b) opened a door of the said car without correction; and (c) opened the vehicle to the inside of the vehicle; and (d) did not commit an attempted crime.

Summary of Evidence

1. Before reporting a criminal defendant's voluntary criminal act of larceny in a written statement of AL prepared by the defendant: The application of criminal records, etc. and personal confinement records, etc. and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning facts constituting a crime;

1. The crime of this case on the ground of sentencing under Article 35 of the Criminal Act among repeated crimes is committed by the Defendant who attempted to steal property by entering a victim’s vehicle, and the criminal liability is grave, a number of same criminal records exist as well as the fact that the Defendant committed the crime of this case during the period of repeated crimes. Considering the fact that the Defendant is led to the crime of this case during the period of repeated crimes, it shall be considered as the grounds for sentencing favorable to the Defendant’s age, circumstances leading to the crime, and circumstances after the crime, etc., taking into account all the circumstances, including the accused’s age, the circumstances leading to the crime, and the circumstances after the crime, etc