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(영문) 수원지방법원 안양지원 2015.10.15 2015고단1269
특수절도미수
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

Around 04:00 on July 30, 2014, the Defendant, together with C and D, decided to steal goods from another person’s vehicle in the front parking lot of 1327 Dana Apartment apartment 1327, Jinna apartment 134, Jinna City, Mapo-ro, Mapo-ro, 677, and opened a door that does not correct the F.M. car owned by the victim E, which was parked therein, and followed the inside into the said car, but did not have any goods to be stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or C by the police;

1. Application of Acts and subordinate statutes to written E;

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

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in light of his/her characteristics, since he/she is recognized as a juvenile);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing guidelines do not apply to the defendants with reasons for sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act, since they are juveniles.

In consideration of the fact that the crime of this case was committed in the attempted crime, the victim is wanting to take a disposition against the defendant, and the defendant is a juvenile, the punishment as ordered shall be determined.

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