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(영문) 대전지방법원 2013.07.04 2012고단2996
절도미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant was sentenced to four months of imprisonment in the Daejeon District Court on July 9, 2009 and completed the execution of the sentence on July 17, 2009 in the Daejeon Prison.

On May 15, 2012, the Defendant: (a) discovered that at the parking lot of Seo-gu, Daejeon, Seo-gu, Daejeon, B Apartment 109 Dong 1-2, a vehicle owned by the victim C and a flur vehicle owned by the victim E is parked; (b) found around the Defendant: (c) opened a driver’s seat of the Dped vehicle and opened a door to the Dped vehicle; (d) did not find the stolen object but did not find the stolen object; (d) continued to open a driver’s seat door to the flurst vehicle and find the items to be stolen in the vehicle; and (e) it was discovered to be stolen to the victim E who observed the flurst vehicle in the course of committing the crime.

As a result, the defendant tried to steals goods in the victim's vehicle, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Partial entry of the police suspect examination protocol against the defendant;

1. Statement of the police statement of E;

1. C’s statement;

1. On-site photographs, site reports, and photographs;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Articles of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the crimes;

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

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was imposed several times for the same crime, and the fact that the Defendant committed the instant crime during the period of repeated crime is considered as an aggravated reason for the punishment, and the punishment was imposed as above, taking into account the fact that the crime committed was committed for attempted crimes, as the reason for mitigation of punishment.

It is so decided as per Disposition for the above reasons.

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