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(영문) 부산지방법원 2014.10.23 2013고단9392
특수절도미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:00 on November 21, 2013, the Defendant and the person whose name was weak, attempted to put the victim at the entrance of the victim C located in Busan Northern-gu B with one iron gate of an amount equivalent to 500,000 won at the market price that the victim left before the entrance of the residence, but did not seem too so.

Accordingly, the defendant tried to steal the victim's property in collaboration with the person who was not injured in his name.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of C’s written laws and regulations

1. Articles 342 and 331(2) and (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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment) [the scope of recommending punishment] of the suspended sentence: It is decided as per the disposition on the grounds that there is no basic area (six to one year and six months): Imprisonment with prison labor for not less than six months and one year (one year and six months) or more of suspended sentence (one year (one year and six months) or more of suspended sentence for general property (one year and six months) or more of the basic area (one year and six months) of the larceny in general property;

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