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(영문) 서울서부지방법원 2018.02.02 2017고단2939
절도미수
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 21, 2017, Defendant 2939, on the street of the “D Hospital” in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 00:10 on September 21, 2017, Defendant 1 attempted to open a door door of the driver’s seat of the said vehicle, which was located in the front of the “D Hospital,” and did not correct the said vehicle, and opened and cut off the vehicle’s car, which was owned by the victim E, and found the goods to be stolen.

At around 02:30 on August 13, 2017, Defendant 2017: (a) found the victim G’s Hbeer or car volume and did not correct money and valuables stored in the said vehicle for the purpose of stealinging the theft of money and valuables stored in the said vehicle from the victim G, which was parked in the friendly Round parking lot located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 02:0 on August 13, 2017.

Summary of Evidence

2017 Highest 2939

1. Statement by the defendant in court;

1. E’s written statement 2017 Height 2942;

‘‘(1) Defendant’s legal statement. G’s statement is made with respect to police; or

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 342 of the Criminal Act and Articles 342 and 329 of the Criminal Act and the selection of fines for 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 to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a fine shall be selected only once in consideration of the following: (a) the number of records of punishment imposed for the same kind of crime for the sentencing of the sentencing of the Criminal Procedure Act are several times; (b) the fact that the person is a same repeated offender is disadvantageous or reflected; (c) the attempted crime is committed; and (d) the victim G expressed its intent not to be punished by the defendant; and (d) the amount of fine shall be determined as ordered by taking into account the defendant’s age, sexual behavior, environment, circumstances after the crime

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