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(영문) 광주지방법원 2018.02.02 2017고단5516

특수절도미수

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 21, 2017, around 03:19, the Defendant: (a) destroyed the entrance door correction devices to intrude with the purpose of theft of money and goods from the DNA beauty room operated by the victim C in Gwangju-dong-gu, Gwangju-gu; (b) however, the entrance was not opened, and the purport was not achieved.

Accordingly, the Defendant attempted to steals property by destroying door at night and impairing another person's structure.

2. On the same day, the Defendant continuously destroyed the entrance and exit rectification devices to intrude with the intent to steal money and goods, but did not open the entrance, so that the Defendant did not bring the matter to the effect that the entrance was not opened.

Accordingly, the Defendant attempted to steals property by destroying door at night and impairing another person's structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement prepared by the victims;

1. Application of internal investigation reports (3 pages 13 of evidence records), investigation reports (CCTV investigation) Acts and subordinate statutes;

1. Articles 342 and 331 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not good in that the defendant prepared a criminal tool and tried to intrude on the commercial building twice or more.

However, the defendant was the first offender and the crime was attempted.

The defendant agreed with the victim F.

The sentencing conditions shown in the records, such as the defendant's age, occupation, sex, environment, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.