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Reasons
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(영문) 수원지방법원 2015.07.22 2015고단847 (2)
특수절도등
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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

1. The Defendant and B, around 01:55 on April 7, 2015, at the ground parking lot between Suwon-gu, Suwon-si, C307 Dong and 305 Dong-gu, Suwon-gu, and at the same time, the vehicle’s car door was opened while the vehicle was parked in a vehicle where the vehicle door was not locked, and the Defendant reported the gate of the victim EF car owned by the victim D, and the Defendant reported the network coming from another person in the surrounding area, but the vehicle B followed the inside of the said vehicle, but did not have any theft object.

As a result, the defendant tried to steal another person's property in collaboration with B, but did not bring about such intent and did not commit an attempted crime.

2. The Defendant and B, while displaying the vehicles in the same manner at the above place at around 02:00 on the same day, opened the door of GK7 vehicle owned by the Victim F and the driver’s seat, and the Defendant followed the vehicle into the front line and opened the door into the vehicle, but did not lead to the fact that there was no stolen object.

As a result, the defendant tried to steal another person's property in collaboration with B, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute of F and D;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act is divided by mistake of the accused, has yet to be passed in the old society

1. Probation and community service order under Article 62-2 of the Criminal Act;

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