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(영문) 대구지방법원 2017.04.26 2017고단1262
절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in Busan District Court's branch branch court, and the execution of the sentence was terminated on August 14, 2015 at the Tong Young-gu detention center.

On March 1, 2017, the Defendant: (a) around 13:10 on March 1, 2017, based on the cresh in which the victim E was negligent in the management of Cheongdo-gun C, the Defendant: (b) carried the 169 key of the victim’s 169 seated in the three numbers of numbers; (c) opened the clothes gate with the said key; and (d) attempted to cut off the property owned by the victim; (c) however, the Defendant was aware of the fact that there was no key to the clothes ; and (d) was attempted by the victim, who was aware of the fact that there was no key to the clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A report on investigation (in cases of photographing and posting inside a D sugar, and attaching copies thereof);

1. Police seizure records and list of seizure;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 342 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Aggravation of Aggravation of Aggravation of Cumulative Offense Act has several criminal offenses committed against the defendant for the same type of crime, and the fact that the defendant again commits the crime of this case during the period of repeated crime according to the same kind of crime, and denies the crime, etc., which seems to be unfolding, is disadvantageous.

However, considering the fact that the defendant committed the crime in this case was committed in the attempted crime, the punishment shall be determined as ordered by considering all the conditions under Article 51 of the Criminal Act, such as the age, sexual conduct, etc. of the defendant.

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