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(영문) 서울남부지방법원 2015.05.22 2015고단1098
절도미수
Text

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

Reasons

Punishment of the crime

[criminal power] On August 21, 2014, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended sentence for larceny at the Seoul Southern District Court on the 29th day of the same month, and the judgment became final and conclusive on the 29th day of the same month, but the suspended sentence was revoked on December 16, 2014, and the execution of the sentence was completed at the Seoul Southern Southern District Court on February 14, 2015.

[2015 Godan1098] On March 24, 2015, at around 16:30 on March 24, 2015, the Defendant left a knife in order to steals things owned by the victim D, which were parked in the 108 Gangseo-gu Seoul Metropolitan Government C apartment 108 parking lot, in order to steals things owned by the victim, but the knife down the vehicle, but the knife the knife was not achieved.

In addition, the Defendant considered knife in order to steals things belonging to the victim in a total of 12 vehicles, such as the list of crimes in the annexed sheet, but the Defendant failed to bring the knife and failed to bring the knife the vehicle door.

[2015 Godan1415] The Defendant, around 15:00 on February 28, 2015, opened a door of the victim G in order to steals money and valuables from the F parking lot located in Gangseo-gu Seoul Metropolitan Government E, and followed the inside, but did not commit an attempted crime without any stolen article.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. Each statement of I, D, J, and K;

1. Each investigation report (the confirmation report on the details of specified vehicle and the identity of the owner of a vehicle specified for the crime);

1. Previous records of judgment: Application of inquiry letter, such as criminal records, and criminal investigation reports (report attached to records, such as judgments on suspects, and report on confirmation of the fact of cancellation of suspended execution against suspects) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning facts constituting a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] and the aggravated area (one to two months) of types of larceny (general larceny) for general property.

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