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(영문) 서울북부지방법원 2016.11.29 2016고단685 (1)
특수절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant and B are foreigners of Mongolian nationality.

On September 29, 2015, around 01:13, the Defendant and B were drinking the “Dcer” way in the middle-gu Seoul Western-gu, Seoul. Around September 29, 2015, the Defendant and the Defendant were willing to detect the victim E, who was drinking out, and the victim was willing to commit a theft by catching the bank that was sprinked by his hand. The Defendant and B attempted to catch the above bank owned by the victim by approaching the victim. However, the Defendant attempted to do so with the wind that the victim did not set up the bank by two hand.

Accordingly, the defendant tried to steal the victim's property together with B, and attempted to steal the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and B;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (victim E telephone conversations);

1. Articles 342 and 331(2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant divided and reflected his own crime at the investigation stage, and the crime of this case did not cause property damage, and the defendant has no record of criminal punishment while staying in the Republic of Korea, etc.; disadvantageous circumstances such as the crime of this case is poor, such as the crime of this case, the crime of thief committed a larceny in the manner of raising a female victim's bags at one time from the new wall, and the degree of the defendant's participation in the crime of this case is significant, even though there is no property damage to the victim, it appears that mental impulse is considerable.

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