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(영문) 광주지방법원 2020.12.22 2020고단5680
절도미수
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 23, 2020, at around 02:38, the Defendant: (a) opened and entered the driver’s seat of the Epote vehicle owned by the victim D (the age of 65), who was parked in a state that was not corrected at the place for the purpose of theft of money, goods, etc., but did not reach an attempted crime because there was no money, goods, etc. at the place.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each photograph;

1. Application of Acts and subordinate statutes to investigation reports (such as ctv verifications, etc. for methods entering suspect vehicles);

1. Relevant Article 342 of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant, on January 21, 2020, was sentenced to eight months from the Jeonju District Court's Southern Branch for larceny, etc. on August 10, 202, and was sentenced to imprisonment with prison labor on August 10, 202, and was in the military prison on August 10, 2020, at the same time when the execution of the sentence was completed, he confessions the defendant to commit the crime and reflects his mistake. The victim does not want the punishment (Article 47 of the evidence record), and the victim did not want the punishment (Article 47 of the evidence record), and did not cause damage to the victim after the attempted crime. In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive for committing the crime, circumstances after the crime, etc., as stated in

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