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(영문) 대전지방법원 천안지원 2018.03.29 2018고단232
특수절도미수
Text

A defendant shall be punished by imprisonment with prison labor for a maximum term of eight months and a short term of six months.

Two seized telecom (Evidence No. 1), one colored one (Evidence. ....)

Reasons

Punishment of the crime

The Defendant, together with the CD, conspiredd to steals the precious metal of the room and divide the proceeds therefrom, and set the metal room in the Yanan-si, where no filer is installed through Internet search, as the place of crime.

At around 03:00 on January 14, 2018, the Defendant, along with the CD, was running by the Victim G in Bocheon-si, F around 03:50, and the Defendant received a report on the situation from time to time at a place less than 40-50 meters away from that place, by telephone, and the CD cut off 4-5 the front glass door of the room, which was prepared in advance to intrude into the gold door.

The CD notified the Defendant that the full glass window of the room was not well broken by a brupting treatment, and the Defendant broken the front glass door by unbrushing two to three times in the future with the brupted chain set up in the future by two to three times.

The Defendant entered the CD as soon as possible, stolen money and valuables, and continued to report the network to nearby alleys, cut the CD by removing a shoulder glass, and attempted to intrude into the gold hole. However, the Defendant did not steals property on the wind sent by the police officer due to a report by residents of the Republic of Korea on the water by the Defendant, etc.

As a result, the Defendant, in collaboration with CDs, destroyed part of the structure at night, and attempted to steals the victim's property by intrusioning the room, but attempted to commit it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect (C, D);

1. Each statement protocol (G);

1. A written statement (H);

1. Each protocol of seizure and each list of seizure;

1. Photographs photographs, on-site photographs, and photographs used for crimes at the scene of the case;

1. Application of the written estimate statutes;

1. Articles 342, 331 (2) and 331 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act is as follows.

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