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(영문) 대전지방법원 2019.06.05 2018고단4068
절도미수등
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 became final and conclusive.

Reasons

Punishment of the crime

1. On October 3, 2018, the Defendant: (a) around 14:40 on October 3, 2018, at the “D” convenience store where the victim C works in Seo-gu Daejeon-gu, Daejeon-gu as an employee; (b) requested the victim to provide goods on credit according to the calculation of the air conditioners 1 disease in the air conditioners; (c) the victim refused to do so; (d) expressed the victim’s desire to “clocks and drums,” and (e) expressed the victim’s desire to keep the Defendant who would come out of the Republic of Korea after opening the said tenant, and obstructed the victim’s convenience store management by avoiding a disturbance for about 10 minutes, such as having been exempted from the upper part of the road above the convenience store.

2. On October 13, 2018, the Defendant: (a) around 16:20 on the third floor of the building of G Research Institute in the Seo-gu Daejeon, Seo-gu, Daejeon; (b) opened a warehouse that was not corrected by a cresh in which surveillance by the victim was neglected; and (c) attempted to steal three studs of 200,000 won for the time owned by the victim, which was located in the building; (d) but (e) failed to bring about theft by putting three studs of studs, which are the time owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C and F;

1. Application of Acts and subordinate statutes to the autopsy, reporting on the occurrence of each case, on-site photographs, damaged articles, and on-site photographs;

1. Relevant provisions of the Criminal Act and Articles 314 (1) (Interference with business and choice of imprisonment), 342 and 329 ( point of attempted larceny and choice of imprisonment) of the Criminal Act concerning criminal facts;

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

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disorder or mental retardation under the influence of alcohol at the time of the crime of this case. Thus, even if the defendant was under the influence of alcohol at the time of the crime of this case, the defendant is drunk in light of the criminal procedure of this case.

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