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(영문) 창원지방법원 마산지원 2018.02.06 2017고단1288
절도미수
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 21, 2017, around 01:35, the Defendant: (a) discovered that a vehicle was parked on the 77-road side of the ero of the Eup in Changwon-si, Changwon-si, and was in a way to find out the door of the vehicle owned by the victim B; (b) opened the above vehicle door and stolen the vehicle; (c) did not carry the vehicle inside to find a stolen object; (d) but did not carry out an attempted crime, because the vehicle was not stolen.

2. The Defendant discovered that a vehicle was parked on the road near the same place as the victim D, around 01:40 on the same day as paragraph 1, and found the door of the victim E, E, which is the victim D, and opened the above vehicle door and stolen objects, but did not carry the intent, and did not commit an attempted crime.

3. On the same day as paragraph 1, the Defendant discovered that the victim F was parked on the road near the same place as that of paragraph 1, at around 01:45, while opening a door of the said car and searching for stolen objects, the Defendant attempted to commit the crime against the victim F with the wind that the police is dismissed, in order to find out the door of the said car, which is owned by F.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D, F, and B;

1. Relevant provisions of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the selection of punishment;

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. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

On October 29, 2015, the Defendant was sentenced to imprisonment with prison labor for a term of larceny, etc. due to the same kind of the instant crime at the Changwon District Court on October 29, 2015 and on June 21, 2016.

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