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(영문) 전주지방법원 군산지원 2014.08.07 2014고단558
특수절도미수등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On June 26, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for special larceny, etc. in the Jeonju District Court's Military mountain support on July 4, 2014, and the judgment became final and conclusive.

The Defendant conspiredd with B and C to steal the cash generated from the vending machine.

피고인과 B, C은 2013. 11. 1. 01:50경 군산시 D에 있는 E 경비실 앞에 이르러 그곳에 설치된 피해자 F 소유의 자동판매기 윗부분을 손으로 수회 때리고 발로 위 자동판매기를 수회 걷어찼다.

As a result, the Defendant, in collaboration with B and C, destroyed the above vending machine owned by the victim to cover approximately KRW 7950,000,000,000, and attempted to steal the money of the victim in collaboration with B and C, but did not commit an attempted wind that is discovered by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. B written statements;

1. Photographs and quotation;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant legal provisions concerning criminal facts, Articles 342, 331(2) and (1) of the Criminal Act (the occupation of attempted special larceny), Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

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

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

1. The latter part of Article 39(1) of the Exempted Criminal Act (the crime of this case is committed at a time similar to that in which the judgment became final and conclusive, and it is reasonable to exempt the offender from punishment in full view of the time of crime, accomplices, details of crime, amount of damage

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