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(영문) 서울북부지방법원 2015.08.26 2015고단2302
절도미수
Text

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

Reasons

Punishment of the crime

[Criminal Power] On October 12, 2012, the Defendant was sentenced to three years by the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the said sentence in the previous prison on June 26, 2015.

【Criminal Facts】

On July 4, 2015, at around 01:20, the Defendant opened a driver's seat not corrected in the Ena vehicle owned by the victim D, which is located in the front of Nowon-gu, Seoul Special Metropolitan City, and opened a steering room inside the vehicle to keep the front object inside the vehicle, and followed by the vehicle, and the Defendant did not commit an attempted crime, but did not come to the wind that can be discovered to F, who is the sentenced part of the victim who is the mast victim, while coloring the stolen object.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and recording notes of the F;

1. Address photographs of the case;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (date of release related to repeated crimes), and personal identification and confinement status;

1. Articles 342 and 329 of the Criminal Act applicable to the crimes;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: one month to 12 years; and

2. Sentencing because it is an attempted criminal; and

3. The possibility of criticism is high in that the Defendant’s decision on the sentence was committed the instant crime because he/she had a majority of the criminal records of the same kind and has not been released from the prison due to his/her repeated crime during the period of repeated crime.

However, the Defendant appears to have committed the instant crime in a situation where there was no way to resolve board and lodging after release, and the commission of the instant crime did not cause any particular damage, and the Defendant respondeded to the first witness’s arrest, and the witness also expressed his opinion that he would be given treatment rather than punishment, considering the status of the Defendant in telephone conversations with investigative agencies, and expressed his criminal intent to commit the instant crime, and all the records of the instant case are revealed, such as the background and form of the instant crime, circumstances after the commission of the crime, the Defendant’s age, character and conduct, and environment.

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