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(영문) 춘천지방법원 강릉지원 2015.09.24 2015고단817
절도미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. The Defendant: (a) acquired one 50,000 won in cash, the victim E lost, and 3,50,000 won in a physical card, from the stairs in front of the “D” coffee shop located in Gangnam-si, Gangnam-si, 201, which was held by the victim E; and (b) obtained one c.50,000 won in the market price of which the victim E lost.

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind and left the possession of the victim.

2. Attempted larceny;

A. On August 4, 2015, at around 00:10, the Defendant: (a) in the alley room in front of the 21-lane 9, Gangnam-si, Gangnam-si, 2015, carried a small set of handets, etc., and was in possession of a vehicle parked at that place, in order to steal property, such as cash, etc. inside the vehicle parked therein; (b) was placed at the victim FF’s knife for the purpose of theft; (c) on the other hand, the Defendant did not commit an attempted act on the wind of the vehicle door, which was parked at that place for the purpose of theft.

B. The Defendant, at the same date, at the same time and place as the foregoing paragraph (a) and tried to open a door of a passenger car owned by the victim H, which was parked adjacent to the said G bargaining car for the purpose of theft, and to steals property, such as cash, by entering the vehicle inside the vehicle, but did not discover any stolen things, and did not lead to an attempted attempt.

C. At around 00:15 on the same day as the above paragraph (a) above, the Defendant left the victim’s knife, who was parked at the above alley, for the purpose of theft, the knife the door of the K rocketing and other car owned by the victimJ, but did not commit an attempted crime without having the intention to the wind.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of H, J, and F;

1. Application of seizure records, photographs of seized articles, on-site photographs, and statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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