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A defendant shall be punished by imprisonment with prison labor for three months.
Reasons
Punishment of the crime
1. On March 10, 2019, the Defendant damaged the said vehicle to the extent of repairing costs equivalent to KRW 527,259, such as the exchange of parts, in order to steal goods within the vehicle from the Changwon-si Masandong B apartment parking lot, Changwon-si, Seoul, in order to steals the object of crime in the vehicle. In addition, the Defendant: (a) stored the front part of the Do SM5 vehicle owned by the victim C; and (b) caused the vehicle to have caused the vehicle to be driven; and (c) damaged the said vehicle to
2. The Defendant was aware that the vehicle, which was not in contact with the vehicle, was an unrecovered vehicle, and did not correct it together with E, and the Defendant did not cut the object inside the parked vehicle.
The Defendant, along with E, found a victim FW vehicle owned by the victim FW vehicle that is not in contact with the date, time, and place described in paragraph (1), and thought that the goods are stolen, the Defendant took the front door of the driver’s seat, and the Defendant was not in contact with E, but did not open a door to that effect.
Accordingly, the defendant attempted to steal the victim's property in collaboration with E.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A fire-proof report (on-site CCTV images) and a photograph of damaged articles;
1. Application of the Acts and subordinate statutes to fire-proof reports (on-site CCTV image verification and request for appraisal of cigarette butts), CCTV image closure photographs;
1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act that apply to the crime, the choice of punishment, and Articles 342 and 331 (2) and (1) of the Criminal Act (a point of attempted special larceny);
1. Mitigation of attempted larceny under Articles 25(2) and 55(1)3 of the Criminal Act (as to attempted special larceny)
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for a crime of special larceny, heavier than punishment);
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. Scope of applicable sentences under law: Imprisonment with prison labor for up to three years and nine months;
2. Non-application of the sentencing criteria: