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(영문) 부산지방법원 2015.05.14 2014고단8505
특수절도미수
Text

A defendant shall be punished by imprisonment for six 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. On August 2, 2014, at around 03:39, the Defendant, in collaboration with C, was parked in the front of the “Ecafeteria” road located in Gangseo-gu Busan Metropolitan City, and C around G XE car owned by the victim F, and the Defendant, in front, tried to open a driver’s seat and stolen goods into the vehicle by inserting it into the key hole of the driver’s seat in advance (15 cm a day-day length), but the Defendant did not commit an attempted crime because they did not have any stolen goods.

2. At around 03:45 on the same day as C, the Defendant, in collaboration with C, was parked in the front of the “I Child Care Center” located in H of Gangseo-gu Busan, Busan, and the Defendant reported the network, and the Defendant attempted to open the driver’s seat and to steals the goods, but did not commit an attempted crime.

3. At around 03:53 of the same day, the Defendant, in collaboration with C, reported the network to C in the Pwitter vehicle owned by the victim O, parked in the direction of the “NF store” located in Gangseo-gu Busan, Gangseo-gu, Busan, and the Defendant did not commit an attempted attempt, even though he tried to open a door-to-face driver’s seat and to destroy goods by entering the cargo vehicle, but was so discovered to the police officer dispatched after receiving a report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made toO and Q;

1. Written statements of L and J;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 342 and 331(2) and (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act for confiscation are crimes 1 [the scope of recommending punishment] for general property, and there is no basic area (6 to 1.6 months) for types 2 (general larceny) for general property.

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