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(영문) 서울동부지방법원 2018.11.21 2018고단3402
절도미수
Text

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

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

Reasons

Punishment of the crime

The defendant set up the door of the parked vehicle, and brought the door inside the vehicle, and stolen the article.

1. On October 12, 2018, around 00:05, the Defendant found the victim-owned vehicle E, which was parked in the front parking lot of the building located in Songpa-gu Seoul, Songpa-gu, Seoul, as well as attempted in order to steal things inside the above vehicle, the Defendant was left in his/her own knife of the vehicle, but failed to carry out the intention because it was corrected.

2. The Defendant discovered Gnura 2 passenger cars owned by the victim F, who was parked at the time and place specified in the above paragraph 1. In order to steal things inside the above vehicle, the Defendant left the vehicle’s even knife, but did not bring about an attempted attempt because it was corrected.

3. The Defendant discovered a H EF Sota car, the owner of the victim D, who was parked at the time and place specified in the above paragraph 1, and opened a door to a driver’s seat that was not corrected to steal the inside of the above vehicle and colors cash, but did not bring about an attempted attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I, F, and D;

1. 112 Reported case handling table and investigation report (person I telephone communications for reference);

1. Application of Acts and subordinate statutes of comprehensive details of vehicles;

1. Relevant Articles 342 and 329 (Occupancy of larceny) concerning the facts constituting a crime and the choice of punishment, respectively, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The circumstances that each of the crimes of this case was committed in attempted crimes, the victim D did not want the punishment of the defendant, and the character and conduct of the defendant, and the circumstances that are favorable to the punishment of the defendant.

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