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(영문) 춘천지방법원 강릉지원 2019.10.24 2019고단911
절도미수등
Text

A defendant shall be punished by imprisonment with prison labor for a maximum term of eight months and a short term of six months.

Reasons

Punishment of the crime

【Criminal Power】 On May 9, 2018, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year, a short of six months, and a fine of 300,000 won for special larceny, etc. in the early branch of the Chuncheon District Court, and completed the execution of the sentence at the Kimcheon Juvenile Reformatory on December 12, 2018.

【Criminal Facts】 On June 26, 2019, the Defendant, at the Dcar Center parking lot managed by the victim C in Gangnam-si, Gangnam-gu, Seoul, on June 26, 2019, (i) around 01:55, in order for the victim to detect the Esch Rexroth vehicle parked and to steal the cash, precious metal, etc. stored therein, the Defendant did not commit an attempted crime without cash, etc.

On July 26, 2019, at around 01:20 on July 26, 2019, the Defendant: (a) confirmed that the victim H freezing cargo owned by the victim, parked on the street, did not sleep; (b) opened the door and opened the door into the vehicle, and cut off with the fire extinguishing bus with the amount of KRW 3,000 at the market price of KRW 3,00,000 at the back seat.

Summary of Evidence

"2019 Highest 911"

1. Defendant's legal statement;

1. C’s statement;

1. Report on investigation (Attachment of suspect photographs), suspect photographs;

1. Investigation report (specific relation to the damaged vehicle);

1. On-site internal investigation reports (Attachment to CCTV images), CCTV-cap photographs, and CCTV CDs;

1. Previous records of judgment: Criminal history records, investigation reports (verification of repeated crimes of suspects), judgment, and personal confinement status "2019 Highest 1065";

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports (including attachment of field photographs);

1. Relevant Articles 342 and 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Articles 2 and 60(1) of the Juvenile Act: The defendant is a number of defendants with the same kind of crimes.

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