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(영문) 대구지방법원 2015.06.05 2015고단1454
상습절도미수
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 28, 2007, the Defendant was sentenced to a fine of one million won for larceny, a fine of one million won for larceny from the Daegu District Court on November 20, 2007, and a fine of one million won for larceny from the Daegu District Court on April 16, 2008, in the Daegu District Court Kimcheon Branch on April 16, 2008, to six months of imprisonment for larceny, etc., two years of suspended execution, and two years and six months of imprisonment for special larceny from the Daegu High Court on March 11, 2010.

On August 8, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Daegu District Court on August 8, 2014 and completed the execution of the sentence on December 13, 2014.

1. On January 21, 2015, the Defendant: (a) tried to take the knife the knife on the side of the driver’s seat in hand in order to steal money and other valuables from the victim C owned by the victim C, which was parked in front of Daegu Dong-gu B, Daegu-gu, Daegu-gu, 2015; (b) but, in turn, failed to bring the knife the knife on the part of the driver’s seat; (c)

2. On the same day as above 1:02:53 on the day, the Defendant continued to take away the driver’s knife knife by hand on the front side of the Daegu East-gu, Daegu-gu, with an intention to steals money and other valuables, but was attempted without having the knife the knife.

Accordingly, the defendant habitually attempted to steal the victims' property, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement;

1. Images, such as photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, investigation reports ( current status of confinement of suspects and attachment of judgment), written judgments, etc.;

1. Habituality of judgment: Application of damp-style Acts and subordinate statutes in light of the records of each crime, the identity of the method of crime with the previous crime, the number of crimes, and the same kind of crime repeated several times;

1. Relevant provisions of the Criminal Act and Articles 342, 332, and 329 of the Criminal Act concerning the selection of criminal facts (generality and choice of fines);

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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