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(영문) 대전지방법원 2019.05.24 2019고단417
특수절도미수
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 25, 2019, from around 20:25 to 20:40 on the same day, the Defendant: (a) at the vicinity of the victim C’s school meal storage located in Daejeon Jung-gu, Daejeon-gu; (b) destroyed the windows of the above warehouse by leaving a stone therefrom; (c) removed the corrective device inside the window, and opened the window by installing the window; and (d) invaded upon the said warehouse through the said window, attempted to carry 10 km of rice with a market price of 10 km; (b) however, the police officer dispatched after receiving a report by the victim from around 20:25 to around 20:40 on January 25, 2019, attempted to search the vicinity of the above warehouse, but failed to reach an attempted attempt.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Arrest reports and internal investigation reports of the occurrence of the case, and notification to the department reporting the 112 case;

1. Application of the Acts and subordinate statutes to the scene of crimes, damaged articles, and CCTV images-cape photographs;

1. Articles 342, 331 (1), and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (The following consideration shall be given to the favorable circumstances among the "the grounds for a suspended sentence"

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of type] thief [the thief] thief [the 4th category] - In case of intrusion theft [the thief] - In case of intrusion into general property - In case of living or indoor residential space: - In case of carrying a deadly weapon, or intrusion into a place other than an indoor residential space (the scope of recommendation and recommendation] such as night-time damage, residential intrusion, or night-time damage, etc. [the scope of recommendation and recommendation] mitigation area, 8 to 16 months [the general person] mitigation area, - In case of restoration of considerable damage (the reason for suspension of execution] - Major extenuating circumstance - Major extenuating circumstance for life - Major illegal cause: In case of carrying a deadly weapon, or in case of intrusion into general pride such as night-time damage, destruction of residence, or night-time damage: Damage, serious reflect nature - general illegal cause: at least twice.

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