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(영문) 서울동부지방법원 2017.12.12 2017고정1557

절도미수

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is engaged in the collection business of abolition and is the first person with the victim B (the victim 56 years of age, the remaining).

At around 11:00 on May 15, 2017, the Defendant cut a bicycle installed after locking (market price) installed by the injured party in front of ‘D' in Gangdong-gu Seoul, Gangdong-gu, Seoul, with a hacksaw (30cm in length on a saw day) that was prepared in advance in order to steal the bicycle (market price). The Defendant was cut off to the victim and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement concerning B;

1. Application of Acts and subordinate statutes to evidence photographs and seizure records;

1. Relevant legal provisions concerning criminal facts, Articles 342 and 329 of the Criminal Act concerning the selection of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the sentencing conditions indicated in the trial of this case, even if considering the sentencing conditions indicated in the trial of this case, the amount of fine specified in the summary order does not seem to be excessive. The reason for sentencing under Article 48(1)1 of the Criminal Act is highly likely to have the history of criminal punishment for the defendant for the same crime, and the defendant continues to steals the bicycle with the same multiple methods without the awareness of crime