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(영문) 수원지방법원 성남지원 2019.05.01 2019고정218

절도미수

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 20, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the Suwon District Court's Sungnam branch on June 20, 2018

6.28. The above judgment became final and conclusive.

1. On May 12, 2017, around 02:20, the Defendant sent a chief door to the victim C(the age of 47, South) who was parked in the street B in front of the Sungnam-gu, Sungnam-gu, Sungnam-gu, with a view to theft of goods stored inside the DPoter vehicle owned by the victim C(the age of 47, South). However, the Defendant did not commit an attempted crime because the vehicle door was corrected.

2. The Defendant, who was parked on the same date and at the same place as the above paragraph 1, was placed in the front door for the purpose of theft of goods stored inside the Fpoter vehicle owned by the victim E (the age of 68, South). However, the Defendant did not commit an attempted act because the vehicle door was corrected.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation, on-site photograph;

1. Investigation report (to hear statements made by victims C);

1. A detailed statement on processing reported cases;

1. Application of a certified copy of judgment;

1. Article 342 and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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. The sentence like the order shall be determined by comprehensively taking into account the following factors: (a) the punishment of a crime at the same time as the sentencing of Article 334(1) of the Criminal Procedure Act has become final and conclusive; (b) the equity in the time when the judgment was rendered is taken into account; (c) the attempted crime has not resulted in damage; and (d) the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.