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(영문) 광주지방법원 순천지원 2019.10.21 2019고단1280
특수절도미수등
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

Defendants and C opened the door of a parked vehicle, and offered to steal the property from the vehicle without correction of the door.

1. On January 25, 2019, at around 03:30 on January 25, 2019, the Defendants, along with C, were in the vicinity of the 36 purchasing park parking lot, and C, which is owned by the victim D, and the victim F, was followed by opening a door of the victim F, the victim F, the international cargo vehicle, the victim H, the e-mail vehicle, and the K Lone Star Co., Ltd., the victim J-owned, and the Defendants did not receive any money or valuables, but did not commit an attempted crime.

As a result, the Defendants attempted to steal property in collaboration with C, but did not commit an attempted crime.

2. Special larceny Defendants reported the network with C when and at the place described in paragraph 1, and C opened a door to the unrecovered Lwitter cargo vehicle and opened it into that door, which is the victim M&M owned, and owned KRW 9,140.

As a result, the Defendants stolen property together with C.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. A written statement of C and J;

1. A report on investigation (as regards the owner of a damaged vehicle):

1. Application of statutes on site photographs;

1. The Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 342 of the Criminal Act, Article 331(2) and (1) of the Criminal Act (the point of attempted special larceny)

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The Defendants’ grounds for sentencing under Article 62-2 of the Criminal Act are against all the confessions of the instant crime, and there is no record of criminal punishment except for juvenile protective orders received several times.

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