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(영문) 대구지방법원 서부지원 2017.09.28 2016고단2119
절도미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

"2016 Highest 2119"

1. On July 20, 2016, the Defendant discovered KS3 vehicles owned by the victim D, parked on the front road of Daegu-gu, Daegu-gu, Seoul-gu, and attempted to commit an attempted act by correcting the text, although the Defendant was in his/her custody, in order to steals the goods.

2. On the same day, the Defendant discovered a white car that is parked on the street of the same Gu F on the same day with no identification of the number owned by the victim, and left the door of the driver’s seat, but was not corrected and failed to achieve the intention.

On January 9, 2017, 2017, the Defendant, “2017 Highest 243, the Defendant,” on the front of the “H in Daegu Seo-gu, Daegu-gu, Daegu-gu, on the road.” On the front of the “H”, the Defendant, who was parked there, discovered the Jtela, the victim I, and stolen the articles in the above vehicle, was in his possession. However, on the back of the vehicle, the Defendant failed to comply with the purport of the correction of the sentence, and failed to comply with the order.

Summary of Evidence

"2016 Highest 2119"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (list 3,5 of evidence), 2017, 243;

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of CCTV images and internal investigation reports (Evidence List 8)-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the facts constituting an offense;

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. There is a high possibility of criticism that the Defendant committed each of the instant crimes even though he/she had the same record of suspended sentence and fine, etc., for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence.

However, it is a contingent crime, all of which are involved in attempted crimes, and the fact that he or she repents his or her mistake is favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.

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