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(영문) 대전지방법원 천안지원 2016.02.18 2015고단1308
특수절도미수
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal record] On January 5, 2010, the Defendant was sentenced to two years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on February 11, 2012. On June 18, 2015, the execution of the sentence was terminated in the Daejeon District Court. On June 26, 2015, the judgment became final and conclusive on June 26, 2015, by being sentenced to eight months of imprisonment for special larceny, etc.

[2] On July 16, 2012, the Defendant, along with C, D, and E, was at the victim G located in Chungcheongnam-nam Budget Group F around 12:20 on July 16, 2012, and C, the Defendant and C confirmed that the Defendant, while waiting in front of a house with a numberless EF small EF small vehicle in front of the house, opened the network, and opened the seat without opening the door, D, E, the Defendant destroyed the back door being corrected by the draber on the date of the color, destroyed the back door, destroyed the door, and stolen the door, and found any object that can be stolen by following the location, the location, small bank, living room, etc., and did not go through the wind that is discovered to H, a village resident, and attempted to do so.

Accordingly, the defendant attempted to steal the victim's property jointly with D, E, and C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. Each entry in a protocol of seizure (voluntary submission) and a list of seizure;

1. -C-A copy of the sentence of the High Court Decision 1471 of the High Court Order 2014, D-D, E-S- Daejeon High Court Decision 2013No. 11 of the High Court Decision, and each description of the sentence of the High Court Decision ( Daejeon District Court Decision 2012 High Court Decision 465, 2012)

1. Images of the related photographs;

1. Previous convictions in the judgment: Application of each of the Acts and subordinate statutes described in subparagraph (A), copy of a written reply to inquiry, such as criminal history, the text of the judgment, the text of the judgment (Seoul District Court Decision 2009 High Court Decision 2003 High Court Decision 2633, Daejeon District Court Decision 2009No. 2633);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes [The crime of larceny is committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes]

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

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.

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