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(영문) 대전지방법원 천안지원 2017.08.10 2017고단1255
절도미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2017, around 10:02, the Defendant: (a) opened a driver’s seat with a vehicle owned by the aggrieved Party B in order to prevent a vehicle owned by the injured Party; (b) opened a driver’s seat with a vehicle owned by the injured Party B with a vehicle owned by the injured Party B in order to prevent a vehicle owned by the injured Party; (c) opened a driver’s seat with a vehicle with a vehicle owned by the injured Party B in Busan Metropolitan City, Busan Metropolitan City, 217, 312, which was located in the same parking lot; and (d) failed to find one’s own car with a vehicle located therein immediately after drinking alcohol; and (d) attempted to take a driver’s seat. However, the Defendant attempted to take the vehicle with a car with a hand, putting the injured Party’s her hand, and her resistance with his/her resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement (B);

1. Application of the Acts and subordinate statutes concerning CCTV closures at the scene of crime;

1. Relevant legal provisions and Articles 342 and 329 of the Criminal Act concerning the facts constituting an offense. Article 342 and 329 of the Criminal Act (Selection of Imprisonment);

1. Inasmuch as the suspended sentence is an attempted crime for the reason of sentencing under Article 62(1) of the Criminal Act, the following factors are considered: (a) the developments leading up to the instant crime; (b) the damaged goods and the value of the stolen goods; (c) the act committed by the Defendant and the risk thereof; and (d) the record

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