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(영문) 서울서부지방법원 2018.09.12 2018고단1641

절도미수

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 12, 2018, around 08:55, the Defendant, at the front of the “C” main point located in Yongsan-gu Seoul Metropolitan Government, was trying to commit a theft by cutting the handbags equivalent to KRW 500,000,00 in the market price of the ownership owned by the victim D (the age of 27 years) who emitted from the said main point. However, the Defendant did not commit a attempted crime without having the victim’s right to her string with the string, and the other people, who were in the vicinity of Yongsan-gu Seoul Metropolitan Government.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Application of CCTV Acts and subordinate statutes;

1. Articles 342 and 329 of the Criminal Act concerning the facts constituting the crime;

1. The reason for sentencing of selective sentence of imprisonment is that the instant crime was committed on the attempted crime and substantial damage did not occur to the Defendant is favorable to the Defendant.

However, the fact that the defendant tried to steals another person's property while under the influence of alcohol, the defendant consistently denies and does not reflect the crime, and the defendant has a history of criminal punishment several times of violence-related crimes, as well as the fact that he committed the crime of this case without being aware of the fact that he was sentenced to a two-year suspended sentence in December 8, 2017 for the crime of violence, etc. from the Jung-gu District Court High Court, which was sentenced to a two-year suspended sentence on December 8, 2017.

In full view of the above circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing as shown in the previous theories, the punishment as ordered shall be determined.