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(영문) 창원지방법원 통영지원 2016.05.26 2016고단381
특수절도미수등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 3, 2016, at around 23:35, the Defendant: (a) discovered one of the iron bars on the market price left by a person who was suffering from the fire at the entrance of a studio commercial building, with a view to thefting property by entering an empty commercial building; (b) discovered one of the iron bars on the market price left by him/her; and (c) stolen it.

2. An attempted special thief;

A. On April 3, 2016, the Defendant attempted to larceny the victim’s property at “F” restaurant in the D market located in Tong Young-si, through Tong Young-si on April 3, 2016, and attempted to cut off the locks of the above restaurant entrance using a stolen refratator, as stated in paragraph (1) of the criminal facts, but did not complete the lock and locked with the intent to commit the crime.

B. Around April 3, 2016, the Defendant: (a) committed an attempted special larceny against the victim G by drinking out property owned by the victim to be stolen by “H beauty room” in the “h beauty room” in the operation of the victim located in the D market located in Young-si, Tong-si; (b) cut the locks of the said beauty room using a stolen steel locked machine as stated in the criminal facts No. 1; and (c) searched the property into the said cosmetic; but (d) did not receive any property that could be stolen, and did not commit an attempted crime.

3. On April 3, 2016, the Defendant attempted to larceny a structure at night and around 23:35, and committed an attempted crime without having the intent to recover property owned by the victim through the entrance, which had not been corrected, in a “J” restaurant operated by the victim I, located in the D market located in Tong-si, Tong-si, through the entrance, in which the victim did not correct the theft of property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G or K;

1. Each statement of E and I;

1. Police seizure records;

1. Recordingics, photographs, small cutting machines, photographs, or damaged keyss, such as portable fingers;

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