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(영문) 인천지방법원 2014.02.11 2013고단1994
특수절도미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2013, at around 02:00, the Defendant was placed in D kindergarten operated by the victim C in Jung-gu Incheon Metropolitan City, which was operated by the victim C, and entered into the window through the window opened and opened, and the Defendant was discovered to the three compact staff sent out due to abnormal reaction of the theft prevention devices installed therein while searching for the objects owned by the victim.

Accordingly, the defendant attempted to steals the victim's property by destroying a part of the structure at night and impairing the structure.

Summary of Evidence

1. Statement to E by the police;

1. A written statement;

1. A criminal investigation report, a drilling report, and other related documents;

1. Application of the Acts and subordinate statutes on photographic photographs of arcts and caps;

1. Articles 342 and 331(1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (not only once a fine is imposed on the accused, but also when the crime of this case has been committed in the course of attempted crime and the damage is insignificant, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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