(영문) 의정부지방법원 2012.12.20 2012고단3052

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(영문) 의정부지방법원 2012.12.20 2012고단3052

절도미수

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 21:50 on October 24, 2012, the Defendant: (a) tried to take the knives of the driver’s seat door, which is owned by the victim D, in order to steal the property located in the car located in the old city near the Guri-si; (b) attempted to take the knives of the driver’s seat door, and opened the entrance, but failed to bring the entrance to the attempted attempt; and (c) attempted to take the knives of the driver’s seat door, which is the victim’s F, in order to steal the property located in the Ggul-gu, the parked victim F, and attempted to take the knives of the entrance, but failed to bring the entrance out.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning criminal facts, and the choice of fines;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Since the year 2008 of the Criminal Act, only three times the number of years sentenced to punishment for the same kind of crime has been punished as a punishment for the same crime since the imprisonment of Articles 70 and 69(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the period of repeated crime should be punished. However, considering that the prosecutor prosecuted Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes at a rate under Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, he/she shall be punished as imprisonment for not less than three years if he/she was under the influence of alcohol,

Therefore, the defendant is punished as a fine in a sense that he did not repeat the crime in the future, and the amount was determined in consideration of the above circumstances.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제5항

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