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(영문) 인천지방법원 2018.09.12 2018고단839
절도미수
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2017, around 02:10, the Defendant left the vehicle owned by the victim D, who was parked in front of the Bupyeong-gu Incheon Bupyeong-gu C Borrowing, so as to steals money in front of the E-vehicle owned by the victim D, and was in his possession, but the victim was unable to enter the vehicle due to the following door, and the victim was in his order to escape from the above place as the sounder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on report of internal investigation (case of voluntary accompanying circumstances);

1. Relevant Article 342 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation lies in the fact that the defendant was punished several times as a crime of larceny or attempted larceny; on the other hand, the defendant reflects the crime of this case; the crime of this case was committed against the attempted crime; and the actual damage to the victim was not incurred to the victim; and the defendant's age, sex, environment, motive and background of the crime of this case, means and method after the crime was committed, and other conditions of sentencing as shown in the records and trial process, such as the circumstances after the crime, shall be comprehensively considered and determined as

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