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(영문) 서울북부지방법원 2017.08.23 2017고단2235
절도미수
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant opened a door of a vehicle parked without correcting it, which steals money and valuables in the vehicle, and black the object of the crime.

On December 6, 2016, the Defendant discovered the E-5 vehicle owned by the victim D, which was set up on the front road of Dobong-gu Seoul Metropolitan Government, around 23:20 on December 6, 2016, and opened a driver's seat door in order to steals things inside the vehicle, but did not discover the victim's intention, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is difficult to deny that it is necessary to punish Defendant seriously since there are criminal records of the same kind of punishment as the sentencing of Article 334(1) of the Criminal Procedure Act, and repeated crimes during the period of repeated crimes.

However, there is no substantial damage due to the attempted crime, and the defendant was investigated to respond to the arrest in order after the discovery of the crime, and it shows that he is divided by recognizing his mistake.

In addition, considering the fact that there is no special motive or reason for the defendant to commit the crime of this case, and the mother of the defendant with a strong social relationship has been protecting and leading the defendant, it is reasonable to give the defendant an opportunity to make efforts to re-socialize with his family, rather than to isolate the defendant from society.

The decision is judged.

In consideration of such various circumstances, the defendant shall be punished by a fine like the text.

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