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(영문) 부산지방법원 2016.05.19 2015고단6863
절도미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 6863] On October 19, 2015, the Defendant used a gap in the first floor parking lot of 1050, 1050, the center line of Busan, around 20:53, in order to steals money and valuables inside the vehicle, the Defendant accessed the victim C’s vehicle with a wide range of halog halog, which was parked by the victim C, and opened a door to the head door of the vehicle, but was not committed but failed to bring about the victim’s female-friendly ties on the top of the bed vehicle.

[20] On January 21, 2016, the Defendant discovered that there is a string window of the E truck, which is a vehicle with a door-to-door parking vehicle parked in Busan, around 21:05, around 21:05, the Defendant released a lock by inserting hand from an open string window by making use of a crebs between the victim F, who delivers goods, and removed the lock door, and then deducted KRW 4,000,000,000, belonging to the victim and 4,000,000,000,000

In other words, they stolen them.

Summary of Evidence

[2015 Highest 6863]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (on-site mobilization and attachment of photographs);

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant legal provisions concerning criminal facts, Articles 342, 329 of the Criminal Act (a point of attempted larceny) and Article 329 of the Criminal Act (a point of attempted larceny), and the choice of imprisonment with prison labor, respectively;

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 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances deemed as reasons for sentencing as follows);

1. The observation of protection and community service order Article 62-2 of the Criminal Code has many records of punishment for the defendant for the same and different types of crimes, and the crime of the same kind was committed several times during the repeated crime period due to the same crime, and even after being sentenced to a fine, it again leads to each of the crimes of the instant case. However, the defendant reflects his depth through the life of detention for about four months, and each of the crimes of the instant case was committed in violation of an attempted crime or whose damage was restored.

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