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(영문) 창원지방법원 2018.01.30 2017고단547
절도미수
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

[2017 Highest 547] On January 12, 2017, the Defendant: (a) on the road in front of the 395 Space Borrowing in Kimhae-ro 01:40 on the road; (b) in order to take a theft of the property in the parked vehicle and color the object, the Defendant was placed in his/her possession of the victim C, who was parked in the vicinity of his/her place, in order to discover the Do SM5 vehicle and to steal the property, but was not in his/her possession of the driver’s seat and back seat in order to take a theft of the property. However, the Defendant did not commit an attempted act because it was a corrective device.

[2018 Highest 36] On June 21, 2017, the Defendant tried to steal things within a vehicle parked at the 0thm church parking lot located in Busan Highest 483, as it was around 23:30 on June 21, 2017, and attempted to open the F Ba or another Habrid car, the victim E, who was parked in the place, in his/her hand, in his/her possession. However, the Defendant did not commit an attempted act because he/she was a locking device.

Summary of Evidence

Application of Acts and subordinate statutes to the written statement E of the police statement of the defendant with respect to the defendant's legal statement G

1. Relevant Articles of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the facts constituting an offense. Article 342 of the Criminal Act (Selection of Imprisonment);

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act (including the fact that both cases have not caused property damage by attempted crimes, the defendant has no criminal records of suspended execution or more, and the defendant has been repented, etc.);

3. Article 62-2 of the Criminal Act on the observation of protection;

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