(영문) 서울동부지방법원 2013.06.12 2013고단1017

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(영문) 서울동부지방법원 2013.06.12 2013고단1017

절도미수

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2013, at around 01:40, the Defendant: (a) was discovered to police officers who had been locked in a way that had been set up on three multiples, and were arrested at the same time while she was able to cover (95cm in width, 60cm in length) the market price of the Gangdong-gu Office, which is the 80,600 square meters owned by the Gangdong-gu Office located in the vicinity of the Highway, Gangdong-gu Seoul Metropolitan Government (27-4 Seoul), and was able to cover (95cm in width, 60cm in length).

Accordingly, the defendant tried to steals property, and attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Articles 342 and 329 of the Criminal Act applicable to the crimes;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Determination of sentencing under Article 48 (1) 1 of the Criminal Act / [Sentencing Criteria] Determination of the sentencing range: The defendant should be sentenced to a sentence in light of the following circumstances: The defendant is likely to suffer from mental illness and living style in general property; although the defendant has attempted to commit the crime in October 10, the defendant was found to have committed the crime in this case even though he was found to have committed the crime in violation of the basic area, six months to one year and six months [Pronouncement Decision], and the defendant again committed the crime in this case while he was found to have committed the crime in the same veterinary method, and the crime in this case was stolen in the vicinity of the crime in this case, and there is a possibility that the citizen suffers from the injury due to the same crime in this case, such as the occurrence of considerable damage caused by the crime in this case, such as the damage caused by the death of the victim due to mental illness, it seems difficult to determine that the defendant is subject to a suspended sentence of imprisonment with prison labor, considering the fact that there is no particular criminal power in addition to one time.

(b) for more than one year.

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