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(영문) 수원지방법원 안양지원 2016.11.03 2016고단513 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2016 Highest 513] The Defendant and C conspiredd to steal goods by entering an empty house in which living expenses are deficient due to their friendships residing together with them.

On February 22, 2016, at around 08:50 on February 22, 2016, the Defendant reported the victim E, in front of the house located in Seocheon-gu, Seocheon-gu, Seocheon-si, and reported the network outside C, and the Defendant removed his body from the front door of the glass view, removed the correction device, and then entered the house with C along with C, followed the balpump and west, etc., but failed to commit a theft, as there was no stolen object.

Accordingly, the defendant tried to steal the victim's property in collaboration with C, and attempted to commit it.

[2016 Height607] The Defendant and C, along with the Defendant, have opened a door of a parked vehicle in order to raise money to pay the monthly rent of the announced official living together with the Defendant and C, with things located therein.

At around 03:50 on March 2, 2016, the Defendant, together with C, moved to Gststren car owned by the victim F, who was parked on a road located in front of the Youngwon 30-ro 204,00 a.m. 30, a Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and C reported to the network around C, and the Defendant did not go to commit an attempted attempt due to the lack of door.

Summary of Evidence

[2016 Height513]

1. Defendant's legal statement;

1. C’s legal statement;

1. A E-document;

1. A on-site inspection photograph (2016 highest 607);

1. Defendant's legal statement;

1. C’s legal statement;

1. Application of statutes, such as specifying the damaged vehicle in this case

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

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

1. The sentence is imposed in consideration of the following circumstances: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; and (b) the age, character and conduct, family relationship, family relationship, home environment, degree of participation in the crime; and (c) the circumstances after the crime.

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