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(영문) 전주지방법원 2019.06.19 2019고단113
특수절도미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. Attempted larceny;

A. On December 14, 2018, around 02:36, the Defendant committed the crime against the victim B, at a parking lot located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City”) in order to steal the property located in the E-car owned by the victim B. However, the Defendant was found to have failed to commit the crime due to the failure of the vehicle door.

B. The Defendant committed the crime against the Victim F, on the date and time set forth in the above “1-A” clause, and at the place, left the victim F’s G MP owned by the victim F, thereby taking away the property located in the passenger car owned by the victim F. However, the Defendant was attempted due to the Plaintiff’s failure to open the car door.

C. On December 14, 2018, at around 02:37, the Defendant committed the crime with the victim H, left the Defendant in his knife in order to steal the property located in the victim H owned by the victim H at the place specified in the above “1-A” clause, but the Defendant was not able to commit an attempted crime due to the failure to open the door of the vehicle.

2. At around 02:40 on December 14, 2018, the Defendant: (a) entered the front passage of the house located in Seojin-gu, Seojin-gu, Seojin-gu; (b) within the victim KK’s car located in the said house; and (c) stolen the vehicle with one Nowon-gu, the market value of which is equivalent to KRW 800,000,000,000, while in custody.

3. The Defendant attempted to commit special larceny: (a) opened a broadcasting room at D elementary school managed by the victim M&, which is located in Geumcheon-gu, Seoul at the time and time of the foregoing Section 2, and opened the walls installed in the inside of the windows, destroyed and damaged, and intrudes into the first half class class of the third grade and the first grade class of the second grade through the broadcasting room, and embling the object of theft, and flading the object of theft, and arrested the police officer who was dispatched after receiving a report on 112.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of M, H, B, and F;

1. Application of the Acts and subordinate statutes of K;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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