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(영문) 제주지방법원 2019.05.15 2018고단2076
절도미수
Text

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

Reasons

Punishment of the crime

[criminal power] On February 10, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for night buildings, intrusion theft at the Jeju District Court, and completed the execution of the sentence in the Jeju Correctional Institution on August 25, 2017. On September 7, 2018, the Jeju District Court sentenced ten months of imprisonment with prison labor for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and the judgment became final and conclusive on December 4, 2018.

【Criminal Facts】

1. On August 14, 2018, at around 01:08, the Defendant: (a) placed the victim C’s D-Woo EXD car located in B, which was parked on the street prior to Jeju Island; (b) placed his hand in the d-Woo EXE car; (c) removed the correction device by inserting his hand in the d-W cre of the chief window for the purpose of stealinging property; and (d) opened a door and opened the door into the vehicle; and (c) carried the inside into the vehicle, but did not find any things to be

2. The Defendant, at the time, at the place, and at the same time and place as indicated in paragraph 1, laid down the correction device by inserting the hand in the creh of the window of the driver’s seat of the F Mtp car owned by the victim E, and opened the door and color the inside into the vehicle, but did not find any things to be stolen.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. CCTV photographs;

1. Previous records of judgment: Criminal records, correspondence records, certificates of confinement, application of certified copies of judgment and other Acts and subordinate statutes;

1. Relevant Articles 342 and 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act committed a second offense during the period of repeated crimes, the fact that the crime is committed an attempted crime, the fact that the crime is committed an attempted crime, the balance with the case where the judgment is rendered simultaneously with the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the fact that the defendant is against the defendant, and other defendants.

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