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(영문) 부산지방법원 2016.08.18 2016고정1666

절도미수등

Text

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

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

Reasons

Punishment of the crime

On February 11, 2016, the Defendant found the victim D's toy home board installed in front of the Busan Metropolitan City, Busan Metropolitan City, Busan, on February 11, 2016, and disposed of the toy cars contained therein.

The term "micking" had been thought.

1. The Defendant damaged special property at the above date, at the above place, laid down a brick ( approximately 11cm wide, approximately 11cm thick, about 10cm thick, about 10cm thick) in the vicinity of the above-board, and broken down a plastic panel of 70,000 won in the upper-board transparent market (over 30cm wide, 20cm thickness, 0.2cm thick) in a way that the market price is lowered twice.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. The Defendant, at the above date and time, has broken the plastic panel of the said toy keyboards as above at a place where the said toy keyboards, and has knife his hand in the said place, and has taken 30,000 won or more of the market price toy motor vehicles.

In other words, it was not intended because it was discovered to E that the above plastic panel has a strong sound, and that it was not achieved.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (a written estimate attached to a victim);

1. Relevant legal provisions concerning criminal facts, Articles 342, 329 (a point of attempted larceny) of the Criminal Act, Articles 369 (1), 366 (a), and 366 (a point of destruction of special property) of the Criminal Act, and selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;