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(영문) 수원지방법원 안산지원 2018.02.07 2018고단88
특수절도미수
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 2017, the Defendant got no money by frequently accessing the victim’s E Gameland, which was located on the first floor in Ansan-si, Ansan-si, Busan-si, the Defendant, with the knowledge of the fact that the wall surface of the above game site became a joint board, and could easily enter the inside, he was able to steal the locker and the industrial dog before preparing for the towing of the industrial dog, and then to steal the paper exchange box located there.

On December 22, 2017, at around 01:49, the Defendant: (a) laid a wall prepared in advance in the game site; (b) opened the game site in a hole by being towed; and (c) intruded into the game site by being towed by a cover of 1.2 million won at the market price; (d) when the Defendant was unable to break out a hole by being towed by being towed by a cover of 1.2 million won at the market price at the same time, the Defendant went back to the corridor, while intending to open the exchange by being towed by a dog in order to take cash in the above exchange, the Defendant carried out the call at the wind where the intrusion warning is sounding.

Thus, the defendant attempted to steals another's property by destroying a part of a structure at night and impairing it, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs related to the case;

1. Application of Acts and subordinate statutes to the result of adequate appraisal at the theft site;

1. Articles 342, 331 (1), and 330 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act does not need to be punishable in that it attempts to commit an interview or interview with a person who steals a wall with a tool prepared in advance by the defendant, and attempted to commit a crime.

However, considering the fact that the defendant is led to confession and reflect, the crime is limited to attempted crimes, and the facts agreed with the victim are considered as favorable circumstances, and considering all the conditions of sentencing as shown in the records, such as the defendant's age, sex, family relationship, and circumstances after the crime, it is ordered as above.

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