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(영문) 인천지방법원 2019.08.22 2019고단3692

절도미수

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 13, 2019, the Defendant: (a) around 03:30 on April 13, 2019, at C’s workplace located in Seo-gu Incheon Metropolitan City Seo-gu, the Defendant: (b) discovered the victim D’s “E” car parked therein; (c) opened a door, opened a door, and failed to discover any object to steal, and subsequently cut off the vehicle.

2. At around 03:40 on April 13, 2019, the Defendant discovered that the F parking lot located in Seo-gu Incheon Metropolitan City (B) in Seo-gu (B), “H Poter Cargo” owned by the victim G, and found that the following door was not unlocked, and confirmed the vehicle heat in the storage of the vehicle, using it, tried to steal the vehicle and drive the said cargo while driving it, and attempted to commit a theft.

3. The Defendant continued to use the steel beam beam beam (90cc in length, 10cc in width) set up at the 1st place of the foregoing victim’s possession of the said victim, which was parked next to, and at the same time, at the same place as, the preceding paragraph, and at the same time and place as, the foregoing, the Defendant attempted to steal the said vehicle’s front glass, the rear seat glass, and the rear glass, and attempted to steal the goods by destroying the vehicle’s inner part and destroying the locker.

4. The Defendant found at the K parking lot located in the Seo-gu Incheon, Seo-gu, Incheon, at the same time and time as the preceding paragraph, that the door of “M/N tank L” owned by the victim L was not locked, opened a door, and did not discover things to steal the vehicle by following the inside of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, G and L;

1. The notification of departments related to the 112 Incident Report, and the application of CCTV-related Acts and subordinate statutes;

1. Relevant Articles 342 and 329 of the Criminal Act and the choice of imprisonment with prison labor concerning criminal facts;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.