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(영문) 대구지방법원 2015.07.23 2015고단3004
절도미수
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. in the Western District Court Branch of the Daegu District Court, which became final and conclusive on June 27, 2015.

On June 25, 2015, around 04:25, the Defendant: (a) left the knife of the said vehicle in order to steal cash located on the road front of Daegu Northern-gu C, which is owned by the victim D; (b) however, the knife did not bring the knife; (c) the knife did not bring the knife into the knife; (d) the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant tried to steal the victims' property and attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (with respect to the attachment of CCTVs, partial correction of victims, and confirmation of the intention of punishment of each victims for each victim's specific circumstances, crime scene by damaged vehicle;

1. Previous records of judgment: Criminal records, inquiry reports by individuals, personal identification, current status of confinement, application of statutes, such as judgment, etc.;

1. Relevant Articles of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act (whether to apply the sentencing criteria) does not apply to concurrent crimes under the latter part of Article 37 of the Criminal Act. [Judgment of sentence] Even if the defendant was sentenced to a suspended sentence of the first head of the judgment, he again committed the instant crime and the same criminal records are recorded.

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