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(영문) 서울서부지방법원 2013.06.27 2013고단1283
특수절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 7, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Seoul Southern District Court on September 7, 2010, and on January 28, 2012, the Defendant was nine times the criminal records of the same kind, including termination of the execution of the sentence in

On April 8, 2012, at around 06:18, the Defendant received a request from the victim D who was diving and was divingd with the subway station platform in Yongsan-gu Seoul Metropolitan Government, and accepted the request from the Defendant during the process of confirming whether the stolen goods were stolen from the subway station platform of the subway station of the subway station of the subway station of the 6th century located in Yongsan-gu Seoul Metropolitan Government.

C) Accordingly, the victim and the victim were sitting in the event that the victim sits, and followed the victim's body and the wall, and the defendant did not discover the victim's body and the wall again.

As a result, the defendant tried to steal the victim's goods in collaboration with C, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement of D police statement;

1. Investigation report, ctv photographs;

1. Before ruling: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that even though the Defendant had had had had had been sentenced to punishment for larceny, etc. on several occasions, it is inevitable to sentence the Defendant to have committed a principal crime during the period of repeated crime.

However, the punishment as ordered shall be determined in consideration of all the circumstances that form the conditions for sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the crime was committed, the damage did not occur and the degree of participation of the defendant is minor, and the punishment shall be determined as ordered.

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