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(영문) 대구지방법원 2017.02.10 2016고단6190
절도미수
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 25, 2016, the Defendant: (a) at the Si-young apartment 1 Dong parking lot located in Daegu Jung-gu, Daegu-gu, about 01:37, 149-do, the Defendant: (b) discovered a vehicle with low-priced vehicle owned by the victim B, which was parked therein; and (c) did not commit an attempted act because the vehicle’s door was cut off, in order to steal the vehicle.

2. On October 25, 2016, around 01:38, the Defendant: (a) discovered an EMW vehicle owned by the victim D, which was parked at the same apartment parking lot; and (b) did not carry the vehicle door in his/her hand, but did not carry the intention because the vehicle door was locked.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to F in the police statement protocol;

1. The application of the relevant Acts and subordinate statutes, such as the protocol of seizure and the list of seizure, a written statement, a CCTV image-fashion, a photo-printing material, an investigation report (infacing from the witness F currency), an investigation report (infacing to the victim B of the C vehicle), an investigation report (in addition

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

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

1. On February 4, 2016, the Daegu District Court sentenced one year of imprisonment with prison labor for habitual larceny, and two years of suspended execution, which became final and conclusive on February 12, 2016, committed each of the instant crimes without being aware of the fact that each of the instant crimes was committed and the damage was not incurred to the attempted crime, and the Defendant was faced with economic difficulties, such as bonds.

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