beta
(영문) 창원지방법원 통영지원 2014.08.28 2014고단635

특수절도미수

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On June 25, 2014, the Defendants planned to see the door in order to raise the cost of living in order to raise the money to be used during the water from the mutual influences located in the Dong-dong-dong-si, and prepared in accordance with the plan, the Defendants prepared the door gate to destroy the door gate, the gate gate to see the face, the past gate to see the face, the past gate to see the face, the past gate to put the stolen goods into the scene, and other criminal tools to commit the crime.

On June 25, 2014, at around 23:00, the Defendants: (a) discovered a gold door from the EFD car owned by Defendant C, the day-to-day car at the time of the car-to-day; (b) colored the place of the crime; (c) changed the cell phone store with relatively easy intrusion because the entrance is favorable; and (d) changed the cell phone store with no passage to the surrounding area into the place of the crime.

As a result, the Defendants came to run by the victim G in the 03:15 on June 26, 2014 at the 03:03:15 Scam, and Defendant A parked the said d's car in the adjacent alleyway to escape at the time of the commission of the crime, and Defendant C and Defendant B moved to the cell phone store after wearing the Make face and wearing the Make.

After that, Defendant B, who laid the brick prepared in advance on the cell phone store glass, intruded into the door through a shoulder glass, and intruded into the store following Defendant C, and discovered it to the staff of the guard company during the math patrol while trying to dive off the cell phone.

As a result, the Defendants did not commit a theft of the victim's property, but did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to I, G and J;

1. On-site reports (Attachment to CCTV images at the scene of crime), CCTV images, and CDs;

1. As a result of the appraisal of salvable blood, a letter of appraisal, and photographs related to the search of C-owned vehicles;

1. Application of Acts and subordinate statutes, such as field photographs;

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