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(영문) 의정부지방법원 고양지원 2015.02.12 2014고단2757
특수절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as a person without a special occupation, who did not know of money in the water, stolen another person's goods by using Libera, which was known to ordinary people, and drinked with the money as a drinking time, after selling it on the water.

On October 2, 2012, at around 08:30 on October 2, 2012, the Defendant, together with C and D, reached the front of the 6 apartment complex E apartment complex in Yongsan-gu, Busan Metropolitan City.

D The Defendant reported the network before the entrance of the commercial building while setting up a Lacac in front of the entrance of the commercial building and setting up the rooftop with C, and putting the victim F-owned market price of KRW 400,000,000, the market price of the victim F-owned market was set up.

Accordingly, the defendant tried to steal the victim's property in collaboration with C and D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or C;

1. Report of investigation (Attachment to judgment of a criminal defendant);

1. Investigation record of seizure;

1. Application of the Acts and subordinate statutes to the languagecars and photographs of damaged articles (outstanding a air-conditioner) used for committing the crime;

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

1. Even though the Defendant was sentenced to a suspended sentence of imprisonment due to a crime under the same law for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act, he again committed the instant crime before the grace period expires.

In addition, the role of the defendant in the crime of this case appearing in the record is not small.

In light of this point, it is inevitable to sentence the defendant to sentence.

However, the above special larceny crime is committed against attempted crimes, the defendant seems to have suffered from mental illness at the time of the instant case, and the principle of equality with accomplices (limited to detention for this case, etc., and the probation is released) shall be determined as ordered by the sentence.

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