However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

The Defendant, who did not have any certain occupation and lacks living cost, was willing to steal another person’s construction tools, etc. in his/her vehicle.

피고인은 2016. 2. 5. 04:00 경 서울 도봉구 도봉로 109길 90에 있는 샛별 어린이공원 앞 도로에서, 피해자 B가 주차해 놓은 C 화물차의 적재함을 걷어낸 후 그곳에 있던 피해자 소유의 시가 25만 원 상당의 함마 드릴 1개, 시가 10만 원 상당의 그라인더 1개 등 합계 35만 원 상당의 물건을 가지고 간 것을 비롯하여 그때부터 같은 날 05:40 경까지 별지 범죄 일람표 기재와 같이 총 5회에 걸쳐 재물을 훔치거나 훔치려 다 마땅한 물건이 없어 미수에 그침으로써 합계 3,190,000원 상당을 절취하였다.

Accordingly, the defendant did not commit an attempted crime because he did not have stolen or attempted to steals the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims in D, E, F, G, and B;

1. Each investigation report (No. 10, 12) (verification of CCTV images at source) (No. 10, 12) shall apply to statutes;

1. Article 329 of the Criminal Code applicable to the pertinent Article of the Criminal Act and Article 329 of the Criminal Code of the Selection of Punishment (a thief) is an obvious clerical error in Article 329 of the Criminal Code.

§ 342, 329 (the attempted charge of larceny) and the choice of imprisonment

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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to nine years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Where he/she intrudes into any place, other than indoor residential space, in the area to be mitigated (referring to the scope of punishment that is recommended for larceny) No. 4 types of larceny (in case of intrusion larceny) (referring to the imprisonment of eight months to one year and six months) for general property;

(b) An attempt of larceny: An offense against which no sentencing criteria are set;

(c) The range of final sentence due to the handling of multiple crimes: Imprisonment for not less than eight months (the larceny whose sentencing criteria are set out).