Text
A defendant shall be punished by imprisonment for one year.
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
[2013Kadan5437] On August 21, 2013, the Defendant, in collaboration with B and C, removed a rail of aluminium materials in the market price managed by the victim E, who was installed in the stairs of the first to fourth floor of the above building in Nam-gu Incheon, Nam-gu, Incheon, by hand, and attempted to steal it, but it was an attempted wind that was discovered by the victim.
[2013 Highest 6608] On September 1, 2013, the Defendant: (a) knew of the peace in the Nam-gu Incheon Metropolitan City F on September 1, 2013, the Defendant opened the front door at the victim G’s house; (b) opened the front door at the victim G’s house; and (c) took a line of approximately KRW 600,000,000, which was the victim’s possession and stolen.
Summary of Evidence
[2013 Highest 5437]
1. Defendant's legal statement;
1. Statement to E by the police;
1. Photographs of damaged articles (2013 highest 6608);
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police statement concerning G;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 342, 331 (2) and (1) (a) (the occupation of attempted special larceny) of the Criminal Act and Article 329 of the Criminal Act concerning the choice of punishment;
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 Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Results of an aggravated punishment for multiple offenses: 6 months to 1 year (the scope of recommending punishment) imprisonment for general larceny [the scope of recommending punishment] from 6 months to 1 year and 6 months (general areas] for general larceny on general property: 6 months to 2 years;
2. A suspended sentence shall be imposed in consideration of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., as stated in the order, that the Defendant, who was sentenced to the sentence, led to the confession and reflect of the instant crime, and has no record of being punished for the same kind of crime on August 21, 2013; and that the crime committed on August 21, 2013 was committed;