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(영문) 대구지방법원 서부지원 2021.01.29 2020고단958
절도미수
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 1, 2020, the Defendant: (a) discovered the victim’s Category B car with a view to theft of the internal property of the car from the vehicle parking lot of the Daegu-gu building C, Daegu-gu, Seoul-gu; (b) found the victim’s Category B car; and (c) considered the victim’s Domp car, but did not carry the intent of Domp car, and did not carry out the attempt.

2. The Defendant committed the crime against the victim E, while continuously displaying the subject of the crime for the same purpose at the time and place set forth in 1.1. Paragraph (1) of this Article, found the victim E’s low-invested car and did not commit the crime, but did not commit the crime in a way that he did not bring the knife the knife of the said car.

3. The Defendant committed the crime against the Victim G while continuously displaying the subject of the crime for the same purpose at the time and place set forth in 1.1. Paragraph (1) of this Article, the Defendant found the victim G’s HM5 car owned by the victim G and did not commit the crime, but did not commit an attempted crime, even though he was able to take away the door of the said car.

Summary of Evidence

1. Report on internal investigation of the Defendant’s legal statement G (the investigation of police officers at the scene related to the first statement of the person suspected of being accused), and a report on CCTV image investigation (the attachment of photographs after closure of the crime scene) by the Defendant;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 342 of the Criminal Act and Articles 342 and 329 of the Criminal Act and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include many persons who have been punished for the same crime. In particular, even if the defendant was sentenced to a suspended sentence of one year of imprisonment for larceny on May 9, 2019 and was sentenced to a suspended sentence of two years on the one-year basis, recidivism is disadvantageous to the defendant.

However, it appears that the defendant led to confession and reflect, and considering the fact that each of the larceny crimes of this case was committed in attempted crimes.

. Other defendant.

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