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(영문) 창원지방법원 2019.11.27 2019고단1929

절도미수

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 2, 2019, at around 22:28, the Defendant: (a) opened and opened a steering door in order to steal the cash in the victim C’s D Poter, which was parked in front of Kimhae-si, from the time to the point of time; (b) however, the Defendant did not commit an attempted act on the wind, where the door was locked.

2. The Defendant, at the time, at the time, at the place, and at the Fpoter cargo of the parked victim E, tried to open and enter the steering gate in order to steal the cash in question, but did not commit an attempted act on the wind where the door is locked.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A C statement;

1. Application of CCTV photographs and CCTV-related Acts and subordinate statutes to a crime scene;

1. Relevant Articles 342 and 329 of the Criminal Act concerning facts constituting an offense and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the defendant had been sentenced to a suspended sentence of imprisonment for the same kind of crime under Article 334(1) of the Criminal Procedure Act, he/she again committed the crime of this case without being aware of it during the suspended sentence.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

The crime of this case committed all two attempted crimes and did not cause damage.

The defendant has no record of punishment for the same crime except for the suspension of the execution of imprisonment with prison labor on one occasion.

In addition, the punishment shall be determined as per Disposition by comprehensively taking into account the defendant's age, character and conduct, the details and circumstances of the crime in this case, and the circumstances after the crime.