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(영문) 서울동부지방법원 2020.09.16 2020고단2068
절도미수
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

The defendant had a mind to steal property by entering a vehicle that is parked in an underground parking lot with no door.

1. On January 30, 2019, at the 1st floor parking lot of Songpa-gu Seoul Metropolitan Government B apartment C, Songpa-gu, Seoul, the Defendant opened and opened a door-to-door driver’s seat with which it is impossible to identify the victim’s number, who is the victim’s owner, who is parked therein, and opened a container with the vehicle’s inside and between the driver’s seat and the chief lighting. However, the Defendant did not commit a theft and attempted to commit a theft.

2. At around 02:36 of the same day, the Defendant opened a wheel door that was parked in front of the pole No. C62, and confirmed the inside of the vehicle, and opened a wheel box between the driver’s seat and the chief lighting, but did not commit an attempted act because there was no stolen object.

3. At around 02:50 on the same day, the Defendant opened a driver’s seat that was parked in front of the pole No. C15 (Nam, 48 years old), which is owned by the victim D (Nam, 48 years old), and colored the object to be stolen, and was not discovered to the victim and did not commit an attempted crime.

Accordingly, the defendant attempted to steal the victims' property more than three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each investigation report (CCTV verification), on-site photographs, CD (No. 8,11) statute

1. Relevant Articles 342 and 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [The reasonable circumstances] each of the crimes of this case is attempted.

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