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(영문) 창원지방법원 마산지원 2019.02.14 2018고단1223
특수절도미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On October 16, 2017, from around 01:14 to 01:34, the Defendant discovered, along with B, an off-to-land land parking lot of the low-do 1872-50, which had no registration number plate, the victim C parked in the public parking lot of the low-do Mapo-si, Sinsan-si, Changwon-si, which was located in the marine tourism area of 1872-50, and took part in the off of the off-to-land flab in order to steal it by driving by walking the off-to-land flab and driving it by a means of cutting it.

In addition, the defendant tried to walk the Dong by using the Raber which he had in his possession, such as seeing the kis of the above Oralba, etc.

However, it was impossible to achieve that intention because the starting of the above Oral Sea is not known.

Accordingly, the defendant tried to steal the victim's property in collaboration with B, which was attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. The suspect interrogation protocol of the police as to B;

1. Application of the police protocol law to C

1. Articles 342 and 331(2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act;

1. The former part of Article 62-2 (1) and main sentence of Article 62-2 (2) of the Criminal Act;

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