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(영문) 대구지방법원 2018.01.30 2017고단6591
절도미수
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On October 13, 2017, around 23:56, the Defendant: (a) opened and attempted to steal even the front door of the driver’s seat of the victim CD (Spoland) that was parked on the street in front of the “Spoon-ro 6-6” in Daegu Northern-gu, Daegu North Korea church; (b) but did not bring about an attempted attempt because the vehicle’s door was corrected.

2. On October 14, 2017, around 00:05, the Defendant: (a) opened the victim E-owned F (small or other) vehicle’s hand in front of the driver’s seat of the F (small or other) vehicle owned by the victim and attempted to steal cash; (b) did not lead to the Defendant’s attempted attempt because the vehicle’s door was corrected.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C (shorteth theft);

1. Investigation report- The application of photographic Acts and subordinate statutes by cutting down a photograph, a CCTV on the scene of crime;

1. Relevant Article 342 of the Criminal Act, Article 329 of the Criminal Act, and the choice of fines concerning the crime;

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

1. Article 70 (1) and Article 69 (2) of the Criminal Act (or Article 70 (1) and Article 69 (2) of the Criminal Act shall not be paid in cases where a sentence of suspension of execution is invalidated or revoked);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the punishment as ordered shall be determined by taking into account the following circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., as well as various conditions of sentencing as shown in the records and arguments of the case, such as the defendant's age, sex, environment

- Unfavorable circumstances: The defendant can have a record of being sentenced to suspension of indictment on account of attempted larceny and larceny.

- The favorable circumstances: The defendant has led to confession of and reflect on the crime.

Each crime shall be committed in an attempted crime and there is no substantial damage.

It is not good that the circumstances of the defendant are good.

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