(영문) 인천지방법원 2016.06.16 2016고단2112

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(영문) 인천지방법원 2016.06.16 2016고단2112

특수절도미수

Text

A defendant shall be punished by imprisonment for six 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

around 23:40 on February 13, 2016, the Defendant, along with B, transferred C, and D, was “G” in Gyeyang-gu Incheon, which was operated by the Victim E, and the Defendant and C reported the network at the bus stops adjacent to the above gold, and D reported the chain to B, and D, using the above decline, was flicked by cutting off the full-scale reinforced glass, and then tried to steal precious metal by intrusion upon it. However, the Defendant and C attempted to steal the precious metal, with the warning of the security company, and attempted to commit it with the wind known to the traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Statement made to H and I by the police;

1. A protocol concerning the examination of each police officer in relation to B or D;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant had had the record of having received a disposition of juvenile protection several times for the same crime; (b) the Defendant again committed the instant crime; and (c) the victim suffered a loss of repair cost equivalent to KRW 900,000 due to the damage of reinforced glass; (d) the Defendant has no record of criminal punishment; (b) the Defendant is against the Defendant; (c) the Defendant’s act of theft itself is committed against the attempted crime; and (d) the victim and the victim have agreed smoothly, taking into account the favorable circumstances; and (e) the Defendant’s age, sex behavior, environment, motive and background of the crime; and (e) the punishment is determined as per the order,

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