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(영문) 대전지방법원 2015.09.18 2015고단2109

특수절도미수

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

1. On the road, around 00:30 on March 21, 2015, the Defendants discovered that the Empart car owned by the victim D was parked in the open line from Daejeon Daejeon-gu, Daejeon-gu, Daejeon-gu, 1134-ro, and subsequently, attempted to cut off the car from the market price of the victim’s possession on the top of the passenger car by inserting hand and breaking the car up to the open gap in the line. However, the Defendants attempted to cut off the car above the victim’s market price due to the failure to contact with his hand and attempted to do so.

2. On April 2, 2015, the Defendants: (a) opened a door that was parked on the road near Daejeon-gu F, Daejeon; (b) sought a theft of the victim’s property by jointly entering a door that was not corrected by the victim G, which was parked therein; (c) but (d) did not commit an attempted theft on the part of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the respective laws and regulations of D and G;

1. Articles 342 and 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

3. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act for suspended execution.

5. The grounds for sentencing under Article 62-2 of the Criminal Act for probation are as follows: Class 1 crime [Scope of Recommendation] for the reasons for sentencing under Article 62-2 of the Criminal Act; Class 2 (General Larceny) for the theft of general property [the scope of Recommendation] that there is no basic area (6 to one year and six months) [the scope of Recommendation] for the general property] [the scope of Recommendation] for the basic area (6 to one year and six months] for the larceny of Type 2 (General Larceny), the basic area (6 to one year and six months] for the larceny of general property]: Six months to two years [the decision of Punishment] for the defendants recognized all mistakes, the fact that all crimes are committed, and the fact that they are contingent crimes are committed shall be exempted from probation in consideration of the defendants' criminal records, etc.