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(영문) 대구지방법원 2012.11.15 2012고단4429
특수절도미수
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant, at night, stolen construction materials at the drone construction site, etc., and borrowed C1 ton cargo trucks from the author.

On September 2, 2011, the Defendant: (a) driven the instant truck on September 2, 201, and parked the said truck in front of the construction site of the Gwangju Mine-gu D apartment at the construction site of the new construction site of Gwangju Mine-gu; (b) went into the construction site before the previous construction site; (c) loaded the part of the window-resistant container installed on the wall of the container installed on the wall of the warehouse using an irregular tool prepared in advance before the container in front of the container in the place; (d) opened the container in front of the container and entered the warehouse in excess of its windows, and tried to cut it into the warehouse with an electric wire (HIV 1.78mm) of 240m of the market price owned by the victim E, but was sent to the police officer upon a report of the witness, and attempted to commit a crime

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial entry of each police interrogation protocol against the accused;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of field photographs);

1. Articles 342 and 331(1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the first offender, the fact that the offender is committed or attempted, and other factors such as the age, character and conduct, environment, etc. of the accused);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. It is true that the following circumstances acknowledged by the evidence of conviction under Article 62-2 of the Social Service Order Act, namely, the witness at a place where F was considerably away from night and the identity of the criminal cannot be accurately identified.

However, F has clearly observed that a person who received clothes in a white system was hiding his body in the police officer's search while trying for larceny at the construction site, and that he was driving without turning the police officer's seat rapidly, and the cargo vehicle driven by the Defendant at the time of the instant crime is the site of this case.

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