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Reasons
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(영문) 대전지방법원 2015.09.18 2015고단2085
특수절도미수등
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A defendant shall be punished by imprisonment for not less than eight 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. Attempted special larceny;

A. On March 29, 2015, at around 02:15, the Defendant left the 'F' bank operated by the victim E in Daejeon-gu Daejeon-dong-gu, Daejeon-gu, with a view to thefting precious metals by intrusioning inside the 'F' bank, the Defendant left the string door (20 x 20 mm in size) adjacent to the string door and left the string door glass, but did not go against the Defendant’s attempted to keep the string of warning.

B. On April 29, 2015, at around 01:01, the Defendant: (a) obstructed the “I” bank of the Seo-gu Daejeon District of Seo-gu, Seo-gu, Daejeon in order to steal precious metals; and (b) did not commit an attempted crime, even though the Defendant broken down the brick that was surrounding the bank, left the front glass.

2. On April 27, 2015, at around 12:40 on April 27, 2015, the Defendant: (a) was able to look at “I” for the operation of the Victim C in Seo-gu Daejeon, Seo-gu, Daejeon; (b) committed theft with the victim’s market price of KRW 1,930,000 at KRW 18K gold bars.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement of C and H;

1. On-site reports on results of field identification;

1. Written estimate;

1. Application of Acts and subordinate statutes on report on occurrence of property;

1. Articles 342, 331 (1), and 329 of the Criminal Act applicable to the crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) [Consideration of the Criminal Act, such as reflection of nature, agreement of partial victims (E and C), scale of damage, and the absence of criminal records of the same kind of power or suspended execution] of the Criminal Act and Article 60(3) of the Juvenile Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Articles 32 (1) and 25 (3) 3 of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

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