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(영문) 대구지방법원 2016.06.03 2016고단1144
절도미수
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 17, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor and two years of suspended execution for attempted larceny in the Daegu District Court on March 17, 2016, and the said judgment became final and conclusive on March 25, 2016.

On February 23, 2016, the Defendant, at around 01:02, attempted to steal money and valuables on a parked vehicle in front of the “D pharmacy” located in Daegu Northern-gu, Daegu Northern-gu, and left the door of the FF car parked by the victim E, but did not bring about an attempted attempt due to the correction of the text.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the written statement;

1. Each image of a CCTV-cap and a video recorded in a CCTV-recording;

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes recorded in judgment, such as a reply to inquiry, such as criminal history, Daegu District Court Decision 2015 Highest 551;

1. Relevant Article of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions in light of the following reasons) committed by the Defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, even though the Defendant was sentenced to a fine for the same kind of crime and the trial of the final judgment was in progress, the instant crime was committed only once, and thus no damage was inflicted on the attempted crime. The attempted crime of larceny of this case shall be determined by taking into account the conditions for sentencing favorable to the Defendant, such as the Defendant’s age, sex, and circumstances after the crime, etc., in relation to the attempted larceny for which the judgment became final and conclusive, as well as the concurrent crimes committed by a group after Article 37 of the Criminal Act, in accordance with Article 39(1) of the Criminal Act, and by taking into account the case of concurrent crimes committed by a group of after Article 39(1) of the Criminal Act.

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