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(영문) 창원지방법원 통영지원 2013.07.10 2013고단272
특수절도미수
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The sentence of punishment shall be suspended separately against the Defendants.

Reasons

Punishment of the crime

The Defendants: (a) colored a vehicle that is parked on the way between friendships, in which the door is unlocked; and (b) stolen the property in the vehicle and stolen it.

1. At around 04:00 on February 12, 2013, the Defendants confirmed that the text of the GM3 car owned by the victim F is not divingd from the D community service center located in Yeongdeungpo-si, 04:00, and Defendant B reported the network from next side, Defendant A attempted to open a door and to steal the victim’s property, but failed to discover stolen goods.

As a result, the Defendants jointly tried to steal the victim's property, but did not commit any attempted crime.

2. The Defendants, at around 04:05 on the same day, tried to report the network from side to Defendant A, Defendant B opened a door and enter the vehicle, and attempted to steal the property of the victim, but the vehicle’s door was obstructed by the wind.

As a result, the Defendants jointly tried to steal the victim's property, but did not commit any attempted crime.

3. The Defendants confirmed at the same place at around 04:10 on the same day that the door of the K B-UP vehicle owned by the victim J is not locked, and Defendant B reported the network from side, Defendant A opened a door and attempted to steal the property of the victim, but failed to discover stolen objects.

As a result, the Defendants jointly tried to steal the victim's property, but did not commit any attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement against L/J;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Article 53 of the Criminal Code for discretionary mitigation.

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