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(영문) 대전지방법원 2019.10.31 2018고단2691
특수절도미수등
Text

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

Reasons

Punishment of the crime

1. From July 15, 2018 to August 2, 2018, the Defendant: (a) around 04:00 on July 30, 2018, at the “D” beauty room operated by the victim C in Seo-gu Daejeon, Seo-gu, Daejeon; (b) removed the rear cover door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and (c) stolen it up to eight times in total from around 02:10 to August 2, 2018.

2. From August 1, 2018 to 03:00 to 04:00, the Defendant failed to commit an attempted theft in the “G Beauty” room operated by the victim F, a victim F, in Seo-gu Daejeon, Seo-gu, Daejeon, by using the dracker prepared in advance, and subsequently, attempted to steals property by entering the inside, and thus, failed to enter the crime prevention room, on account of the installation of the crime prevention room.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Written statements of victims;

1. All on-site photographs;

1. Each report on occurrence;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, and Articles 342 and 331 (1) of the Criminal Act concerning facts constituting an offense (a crime of larceny at night);

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, even though the defendant had the record of being punished for the same kind of crime, is more favorable circumstances such as the crime of this case, the frequency, method, and content of the crime of this case, the nature of the crime is not good in light of the frequency of the crime of this case, and the location of the defendant is not verified, etc., the defendant agreed most of the circumstances after the crime, the fact that the defendant agreed most actively with the victims, the fact that the defendant actively cooperated in the investigation, and the fact that the defendant is committed against himself.

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