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(영문) 대전지방법원 천안지원 2016.01.07 2015고정983
절도미수
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 23, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on May 1, 2015, and the judgment became final and conclusive on May 1, 2015. On September 24, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny and was finally decided on October 2, 2015.

On December 15, 2014, around 02:55, the Defendant: (a) left the knife of the Ei30 vehicle, which was installed by the victim D, in order to steals the goods inside the vehicle in front of the Seo-gu Office Office Office Officetel in Seo-gu, Seocheon-gu, Seocheon-gu, Seoul. However, the Defendant did not commit an attempted attempt, but did not come to the wind that it was discovered to the victim who was sittingd in the driver’s seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry into the arrest report of the occurrence of the case and the report of internal investigation;

1. Videos of a pharmacological map;

1. Previous convictions in the judgment: Application of the respective Acts and subordinate statutes described in inquiries about criminal history, investigation reports (in the form of a judgment and a copy of indictment), investigation reports (in the form of a report attached to a judgment), judgment (in the form of a report attached to a judgment), judgment (in the form of a report attached to a judgment), and judgment (in the form of a report attached to a judgment), and judgment (in the form of a report attached to a judgment (in the form of

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

1. The latter part of Article 37 of the Criminal Act: Article 39(1) [Inasmuch as the Defendant was a previous criminal record of larceny, etc. (Seoul Northern District Court Decision 2015Gohap 232)] Article 37 of the Criminal Act: Provided, That the Defendant was sentenced to six months of imprisonment for larceny from the Seoul Northern District Court (Seoul Northern District Court Decision 2015No. 1276) on September 24, 2015 and the judgment became final on October 2, 2015, but the date and time of the crime was as of May 6, 2015, the Defendant was separately sentenced to six months of suspended sentence for larceny, etc. on April 23, 2015, and the judgment became final and conclusive on May 1, 2015, and at the same time, the Defendant could not be exempted from punishment under Article 39(1) of the Criminal Act (see Supreme Court Decision 201Do9279, May 29, 2015).

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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