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(영문) 수원지방법원 2020.02.06 2019고단6258
특수절도미수
Text

A defendant shall be punished by imprisonment for six 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

On September 19, 2019, at least 01:34, the Defendant was in front of the D kindergarten operated by the victim C in Suwon-si, Suwon-si, which was operated by the victim C, thereby destroying the window strawing locking device and intrusioning the window strawing, and had not been committed by the Defendant, even if he was at the wind to cut off goods at the above kindergarten office, the Defendant was at the wind to cut down the strawing machine at the guard company, and the warning was not given.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to photograph photographs and report internal investigation (on-site forest and on-siteCCTV verification) to police officers conducting on-site inspections;

1. Articles 342 and 331(1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant had been punished for the same crime five times, and that the crime of this case has been committed once again even though he was already sentenced three times.

However, considering the favorable circumstances such as the confession and reflect of the defendant, the fact that the defendant seems to be a contingent crime, the degree of theft is relatively minor, and the victim does not want the punishment of the defendant, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, attitude, environment, circumstances after the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the records and arguments.

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