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(영문) 대전지방법원 2020.08.21 2020고단527
특수절도미수
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

In order to raise the tobacco value, the Defendants conspired to steal goods from a car on a alleyway.

On June 9, 2019, at around 03:25, the Defendants discovered the E-learning car owned by the victim D in front of Seo-gu Seoul Special Metropolitan City Cloan, and Defendant B reported the network in the vicinity of the said car, and Defendant A did not commit an attempted attempt, even though the said car was left down due to the loss of the driver’s seat of the said car.

As a result, the Defendants jointly tried to steal the victim's property, but did not commit any attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. Reporting on arrest of the suspect who has attempted special larceny;

1. Application of the Acts and subordinate statutes to photographs by cutting down each damaged field photograph and CCTV image data;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 342 and 331(2) and (1) of the Criminal Act;

1. Defendants who attempted to reduce and reduce: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered among the reasons for sentencing);

1. Defendants on probation and community service order: The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Act is not very good because they attempted to steals goods in a vehicle parked jointly by the Defendants, and Defendant A committed the crime of this case at once, even though he had been issued four times juvenile protective disposition and one time to suspend indictment for the same crime before the crime of this case, and Defendant B committed the crime of this case at once, despite having been issued a summary order of KRW 50,000 as a result of larceny in 2019, and Defendant B committed the crime of this case at once committed the crime of this case, which is disadvantageous to the Defendants.

On the other hand, the defendants recognized their criminal acts and committed a mistake in depth, and the defendants did not open the door of the damaged vehicle, and thus the crime of this case did not cause damage to the victims.

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