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(영문) 부산지방법원 동부지원 2016.06.08 2015고단1658

특수절도미수

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 16, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and six months as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Busan District Court's branch branch court, and the judgment became final and conclusive on May 24, 2014.

On August 26, 2015, at around 01:15, the Defendant, along with C, tried to commit a theft of cash owned by the victim by inserting the inside of the “Fcellp Commissioner” of the U.S. U.S., U.S., U.S., U.S., U. S., U.D., after completing the operation of the Pccellf, leaving away from the outside. Defendant C reported the surrounding network. Defendant C attempted to commit a theft of cash by inserting the inside of the racker installed in the said three racker and destroying and destroying the racks. However, even if the racker was in possession of the said racker, the racker was destroyed and stolen, and the racker was not committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. E statements;

1. Previous record: Application of the Acts and subordinate statutes by inquiry;

1. Articles 342, 331 (2) and 331 (1) of the Criminal Act concerning the facts constituting an offense;

1. The grounds for sentencing under Articles 25(2) and 55(1)3 of the Criminal Act for attempted mitigation [the scope of recommending punishment] [the grounds for sentencing under Article 25(2) and Article 55(1)3 of the Criminal Act / [the scope of recommending punishment / [the two types of thefts (general larceny) for general property] / ( June to January 1) in the basic area (the person who is subject to special sentencing] / there is no sentencing guidelines for special larceny. However, the above sentencing guidelines as applied at the time when the instant crime was committed, should be referred to in consideration that the instant crime was not committed.

[Opinion of Public Prosecutor] Six months of imprisonment with prison labor [Determination of Punishment] The defendant repeated again during the period of suspension of execution for the same criminal records, deposited KRW 500,00 for the victim, recognized his/her mistake, and other factors of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, intelligence and environment, relationship to the victim, motive, means and consequence of the crime, etc.